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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2982
Experience:  associate attorney
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I am retiring this year from teaching 25 years, and I would

Customer Question

I am retiring this year from teaching 25 years, and I would like to see about claiming my ex-husbands social security. How do I do that or find out if I qualify. Diana Durkee
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 10 years or longer and have not remarried (or at least remarried before age 60 as SS lets you remarry after age 60 and keep your ex spousal benefits) then you would be eligible for your ex spouse's benefit. Another requirement is he has to currently be taking his benefit or be at full retirement age and you two have been divorced for more than two years in order for you to be able to make a spousal election. At age 66 you would get 50% of his benefit but also understand that this benefit does not stack with your normal retirement benefit. You only get the larger of the two benefits. If you retire before full retirement then you percentage would be decreased by the early retirement penalty. For example, you would receive 32.5% at age 62. You would also be eligible for a widow's benefit if he died and that would be 100% of his benefit but again the higher of that and your normal retirement benefit is what you would receive.

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

Did you have any further questions?