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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I am a 76 year old woman who draws my regular Social

Customer Question

I am a 76 year old woman who draws my regular Social Security payments. I am married, but my husband is not retired yet.
I was married before for 24 1/2 years. My ex-husband is still living. Do I qualify to collect half of my former husband's Social Security? We had three children together.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

I'm afraid that the only way that you would be eligible to make an ex-spouse social security benefit claim based on an earlier marriage would be if you are not presently married---either because the death of your spouse or a divorce.

You will be eligible to apply for a spouse benefit as soon as your husband actually takes his retirement benefit, or if he is at least 66 now and able to file and suspend his own retirement benefit with social security---which would allow you to take an immediate spouse benefit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,