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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2981
Experience:  associate attorney
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I am recently divorced from my husband. We were married 29

Customer Question

I am recently divorced from my husband. We were married 29 years as of 2/15/15. Can myself or our 25year old daughter claim part or all of his benefits when time comes to apply for benefits. Also the ex-husband is not an American citizen, never has been, but has lived and worked in Portland Oregon his entire adult life. He carries a Visa card but has not always kept up to date with renewing his Visa status, in fact he just recently about 2 to 3 years ago had to get a new visa to renew his CDL Truck Drivers License and it is only good for 2 years. He does and always has had a social security card and has always paid into social security. Divorce Lawyers and Judge have told me that I need to contact you to get paperwork submitted to claim my share of his Benefits due to the length of time we were married.
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If you were married for more than 10 years (you were) and are currently not married (you actually can remarry after age 60 and still claim the ex-spousal benefit). Your child at her age (unless disabled) cannot claim social security benefits on your exes record. You can claim a spousal benefit starting at age 62 (with an early retirement penalty) if your ex had enough credits to claim a social security benefit (40 credits which amounts to basically 10 years of work). You cannot take a spousal benefit (50% of your ex spouse's retirement benefit) if your ex has not elected to take his benefit. You can take an election against his benefit if he has reached full retirement age (66 in 2015) and you have been divorced for more than 2 years. You need to contact SSA (I would try your local branch for a smaller waiting time) and ascertain if your ex is eligible for retirement benefits.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, do you have any further questions?