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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2982
Experience:  associate attorney
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Divorced after 18 years - husband is now 66 - not retired ,

Customer Question

Divorced after 18 years - husband is now 66 - not retired , but could be full retired -
How do I file for my part - under him - I am 64 - - ? ?
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. You are eligible for an ex spousal benefit as long as you did not remarry before age 60 or if you did, you are not currently married and were married for at least 10 years. Normally your spouse would have to elect to receive their benefit but since it is your ex, as long as you have been divorced for more than 2 years, you can receive a spousal benefit. Understand that your spousal benefit will not be the full 50% as it will be subject to the early retirement penalty. It will be around 42% at that age. Also understand that if you elect to take the spousal benefit, you also have to take your normal retirement benefit and that benefit will be subject to the early retirement penalty which will reduce your overall benefit by around 15%. You will not receive both benefits as they do not stack and you will receive the higher of the two benefits. So if the spousal benefit is not greater than your own retirement benefit, it will not increase your benefit. See link on applying for ex spousal benefit: Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 1 year ago.
Just checking back in, do you have any further questions?