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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13564
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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I'm 68 and I intend to take my SS at 70, but my Spouse is 53

Customer Question

I'm 68 and I intend to take my SS at 70, but my Spouse is 53 and we are not marriage bound although she has lived with me for over 7 years, can she or I take the Spousal benefit.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

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

OK, and so when you say "spouse", you don't actually mean spouse, correct? You mean just "girlfriend"? (FYI, spouse means legally married.)

Customer: replied 1 year ago.
Live in? We live together but are not married, yes.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

OK, as non-married people, there is not crossing or related benefits. So while each of you can take your respective retirement benefits when you are of age (which you already are), neither of you can avail yourselves of spousal benefits on this relationship. However, if you had a prior spouse you divorced after 10 or more years of marriage, (or who died), you can potentially file for a divorced spouse benefit when of age. You, being over your FRA, also have potential option to collect this 'restricted' spousal benefit (if applicable) WHILE you are deferring your own benefit til 70. Let me know if you think that may apply, and I can explain further, as it can be "found" money for you.

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 gottenanything less, please reply back, I amhappy 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.

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