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PDtax
PDtax, CPA firm owner
Category: Social Security
Satisfied Customers: 4522
Experience:  35 years tax and professional advice in all matters money
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My former husband and I were married 17 years. As an

Customer Question

My former husband and I were married for over 17 years. As an attorney his lifetime earnings have been much higher than mine, especially since I have been disabled since about 1998 (we divorced in 2003). I am now 62, he is 58. Will I be eligible to claim a benefit based on his income history sometime in the future? Thank you.
Submitted: 1 year ago.
Category: Social Security
Expert:  PDtax replied 1 year ago.

Hi from Just Answer. I'm PDtax, and will assist.

Expert:  PDtax replied 1 year ago.

Since you were married more than 10 years, you will be eligible for a spousal benefit. And, it will not affect his benefit.

Expert:  PDtax replied 1 year ago.

from SSA.gov:

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

  • You are unmarried;
  • You are age 62 or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits and
  • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

Expert:  PDtax replied 1 year ago.

The issue in your case is he is not entitled to claim benefits yet. He has to be at least 62 before you can claim a divorce benefit.

Expert:  PDtax replied 1 year ago.

http://www.ssa.gov/planners/retire/divspouse.html is the link to their web page on the subject.

Thanks for asking at Just Answer. Positive feedback is appreciated. I'm PDtax.