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My ex-husband and I were married years. I have not remarried…

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My ex-husband and I were...
My ex-husband and I were married for 17 years. I have not remarried but he has. I was told I may still be entitled to part of his social security now that he has retired. Is that true?
Mary
Submitted: 2 years ago.Category: Social Security
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Answered in 19 minutes by:
2/12/2016
Social Security Expert: Christopher B, Esq., Attorney replied 2 years ago
Christopher B, Esq.
Category: Social Security
Satisfied Customers: 4,094
Experience: associate attorney
Verified

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.

You were married for at least 10 years and are not married so you are eligible for his social security as long as he has elected to take his SS benefit. You have to be at least age 62 (you will get the early retirement penalty before full retirement age - 66 in 2016) and at that time you will get 32.5% of his benefit and if you work it will also be subject to penalty. At age 66 you will get 50% of your husband's benefit. When you elect for the spousal benefit you will receive the higher of your benefit and the spousal benefit, so be careful if you do not want to elect to take your benefit. You can restrict your benefit if you were age 62 by December 31, 2015 (this loophole is going away with the new legislation) and elect to ONLY take the spousal benefit and let your normal retirement benefit grow from ages 66-70 (it will grow 8% per year) but this option does not work if you take early retirement before age 66.

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

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Social Security Expert: Christopher B, Esq., Attorney replied 2 years ago

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