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lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 29967
Experience:  Taxes, Immigration, Labor Relations
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I have been divorced 3 months and I wonder how this will

Customer Question

I have been divorced 3 months and I wonder how this will impact my social security. I am 60 and working and my ex-husband is 62 and retired. He has no social security, but a government pension. I will begin receiving part of his pension shortly. I plan on working until I am 70 and not drawing out Soc Sec until that time. Nothing was mentioned in the divorce proceedings about my social security. I read somewhere that he can start drawing on my social security if he is over 62 and 2 years after our divorce. We were married 20 years. I want to maximize my social security so I don't want to draw on it until I'm 70. What portion of my social security will he get? If he draws on it before I do will that impact the amount I receive when I retire later?
Submitted: 1 year ago.
Category: Social Security
Expert:  lev-tax replied 1 year ago.

You may be eligible for social security benefits based on YOUR working record and based on your ex-spouse working record.
You will not be able to receive both benefits - but will be entitled to have the larger.
Your ex-spouse would not be able to prevent your benefits as long as you are entitled - and that is not an issue to be included into divorce decree.
Correspondingly - you would NOT have control for your spouse's social security benefits.

He will be eligible for his own or spousal benefits.

Your spousal benefits are 50% of benefits your spouse would be eligible.

Your spouse would need to start his benefits for you to be eligible for spousal benefits.

Your benefits are NOT impacted by benefits paid to your spouse.

Customer: replied 1 year ago.
My husband has a government pension and receiving approximately $6,000 per month. Now that the divorce is final he will receive $4,000 and I will directly receive $2,000 of his government pension. He has never had a job where he paid into social security.Let's say I will receive approximately $2,200 per month from social security at age 67. How much of that is my husband entitled to if he wants to withdraw from social security in 2 years when he is 64 and we have been divorced 2 years. Sorry, I don't have exact numbers, but I'm trying to get a feel for how much he is entitled to. Can we collect both social security and government pension?
Expert:  lev-tax replied 1 year ago.

Your ex-spouse may receive government pension AND a social security benefits.

As a divorced spouse - your husband will be entitled to 50% of your benefits.

That doesn't affect your benefits - however if you choose to delay your own benefits till 70 - your ex-spouse woudl not be able to receive any benefits based on your working record.


Another issue is that his social security benefits are subject to the Government Pension Offset (GPO)

Some Federal employees and employees of State or local government agencies may be eligible for pensions that are based on earnings not covered by Social Security.

The SSA will reduce his Social Security benefits by two-thirds of his government pension. In other words, if his monthly civil service
pension of $6000, two-thirds of that, or $4000 must be deducted from his Social Security benefits.

Thus - if he will be eligible for a $1100 spousal benefits (50% of yours), he will get nothing.


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