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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13566
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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I am 64 was married years before divorcing. My ex started

Customer Question

I am 64 was married for 23 years before divorcing. My ex started receiving benefits at age 62. What percentage could I draw from him right now and if I did, would I be able to switch to my own at 66 if is more? Also, if I wait until 66 and draw from ex would I be drawing 50% of what he draws or 50% of an amount he would have been entitled to at 66?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Good morning,

Have you yet to start collecting ANY benefit?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Are you still there?
Customer: replied 1 year ago.
I don't know if you are still with me....
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Great, OK. Because you are UNDER FRA (full retirement age), if you apply for benefits, you will automatically get the biggest amount, either divorced spousal or your own. Both will be reduced by ball park 8% per year for taking early. If spousal were bigger than your own, then SSA would pay your OWN reduced amount (permanently reduced) and then tack on a spousal boost. You'd not get 50% of his at that point. To get 50%, you would wait til your FRA. And, for the time being at least (this was just rule out of law for future retirees, but good for your age group still), you could wait til 66 (FRA), file a "restricted" application for spousal benefits only, while allowing your own benefit to grow 8 % more per year, til age 70, at which point you'd switch to it. This would be good IF your own when maxed til 70 is more than your spousal at 50% of his.

The 50% amount is not on what he draws, but on his Primary Insurance Amount (PIA). The amount he'd have gotten if he collected at FRA.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

Yes, I am still here. I am not a secretary, lol, and so my typing combined with SS analysis simultaneously does not result in providing an answer as fast as a machine or a cut and paste. Thank you for your patience though!

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 1 year ago.
Thank you for your help
Expert:  Stephanie O Joy, Esq replied 1 year ago.

You are welcome. Please don't forget to rate. Thank you as well.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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