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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 12689
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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I am 60 will be 61 in March. I have been collecting Social

Customer Question

I am 60 will be 61 in March. I have been collecting Social Security disability for over 13 years, due to Lung cancer. I get $427 a month.And have Medicaid.
My husband of 15 years,will be 62 in Nov 2016. He still works a full time job hes been there about 15 years. His health is not the best either. He has just returned to work after a month short term disability from his job, due to a very extensive back surgery, with 2 fusions. This is his second back surgery, and his second spinal surgery in 13 months.
Hes diabetic and has high blood pressure. Hes very unsure how long he will continue to work at his needed capacity with all his issues before he may have to retire and or look at disability.
unfortunately, due to issues in the marriage I may be having to look at divorce, as an option, in the near future. I am concerned as to how I would support myself on my $427 a month Social Security Disability.
So with all that being said since Im already collecting and my age, if this divorce goes forward, I need to know....
Will I be able to collect my ex husbands Social Security?, right away?....Or would the 2 year wait still apply? Also what percentage of his Social Security would I be able to collect?...would it be different than normally , as I am already collecting?, but I am not yet at full retirement age ?
Thanks *****
Submitted: 1 year ago.
Category: Social Security
Expert:  Lane replied 1 year ago.

Hi. My name's Lane. I can help you here.

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Yes, if you divorce you WILL be able to collect on his record, BUT ony once he starts collecting on his own... (that changed with th bopartisan budget amendment last fall).

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The spousal benefit (which applies to divorced spouses as well, as long as you do not re-marry) is 50% of your spouses benefit.

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The requirement for DIVORCED spouses is that you were married for 10 years (and again that you have nor remarried)

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Also, it's important to understand that you can't "stack" benefits, aas Social Security says. I the 50% spousal/divorced spouse benefit is MORE than your $427 per month, your benefit will be raised TO that amount.

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Also, the longer your husband waits to file the higher the benefit (meaning, the higher your divorced spouse benefit).

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Please let me know if you have ANY questions at all.

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If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit")

Otherwise I’m working for no crediting at all here

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Thank you!

Lane

I hold a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.

Customer: replied 1 year ago.
If he waits to collect on his own til hes 65 or 66 or older I have to wait until then? and until then I cant collect anything on his record correct? And if and only when he begins to collect on his record, depending on how old he is at that time. I will only get 50% of whaever it is that hes collecting? So my age never plays a part in it though for me, because I am already collecting social security disability correct?
How does the situation change if he should go out on Social Security Disability?.....Instead of regular Social security retirement? Say sometime in the year 2016 when hes 62. And how if at all would it affect me if we were to divorce?
Can he collect Social Security and Social Security Disability together at the same time? And what would be the %s and how would this affect me in a divorce?
Also as a surviving widow weather by divorce, or still married, since i am already collecting Social Security Disability, would I still recieve 50% of his Social Security in that situation? or more?
Thanks
P Jones
Expert:  Lane replied 1 year ago.

"So If he waits to collect on his own til hes 65 or 66 or older I have to wait until then? and until then I cant collect anything on his record correct?"

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SO sorry, that's right. This all changed (for spousal/ex-spouse benefits in April). The main difference of the new law is that one cannot ancillary benefits (spousal or dependent) until the worker is collecting.

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"And if and only when he begins to collect on his record, depending on how old he is at that time. I will only get 50% of whaever it is that hes collecting?And if and only when he begins to collect on his record, depending on how old he is at that time. I will only get 50% of whaever it is that hes collecting?"

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That's right, again, EXCEPT that your age only comes into play in the minimum ages to collect (62 for spousal/ex-spouse)

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"How does the situation change if he should go out on Social Security Disability?.....Instead of regular Social security retirement? Say sometime in the year 2016 when hes 62. And how if at all would it affect me if we were to divorce?"

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The same. See this from Social Security here: https://blog.socialsecurity.gov/ex-spouse-benefits-and-you/(I'll underline the pertinent part)

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"If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record."

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"Can he collect Social Security and Social Security Disability together at the same time? And what would be the %s and how would this affect me in a divorce?"

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No benefits cannot be "stacked," as Social Secuity puts it.... Once he turns normal retirement age the disability benefits conver to retirement benefits (simply paid from a different fund)

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"Also as a surviving widow weather by divorce, or still married, since i am already collecting Social Security Disability, would I still recieve 50% of his Social Security in that situation? or more?"

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Survivors benefits are higher and can start earlier. See this from here: https://www.ssa.gov/planners/survivors/ifyou5.html

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"These are examples of the benefits that survivors may receive:

  • Widow or widower, full retirement age or older -- 100 percent of the deceased worker's benefit amount;
  • Widow or widower, age 60 -- full retirement age -- 71½ to 99 percent of the deceased worker's basic amount;"

...

Lane

Customer: replied 1 year ago.
I typed up my reply and follow up questions did you get it?
Expert:  Lane replied 1 year ago.

I think our posts may have crossed. I re-typed your additional questions( in quotes), and then answered each of them (above) ... you may need to scroll up

Customer: replied 1 year ago.
If you did not get my reply and my follow up questions I am not going to be typing them again, I have been sitting here waiting for a response I am not happy with the way this service works at all. I would please like my $ refunded thanks
Expert:  Lane replied 1 year ago.

I did ... again... please scroll up

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Maybe it would help if I repasted here:

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Expert:  Lane replied 1 year ago.
quot;So If he waits to collect on his own til hes 65 or 66 or older I have to wait until then? and until then I cant collect anything on his record correct?"...SO sorry, that's right. This all changed (for spousal/ex-spouse benefits in April). The main difference of the new law is that one cannot ancillary benefits (spousal or dependent) until the worker is collecting...."And if and only when he begins to collect on his record, depending on how old he is at that time. I will only get 50% of whaever it is that hes collecting?And if and only when he begins to collect on his record, depending on how old he is at that time. I will only get 50% of whaever it is that hes collecting?"...That's right, again, EXCEPT that your age only comes into play in the minimum ages to collect (62 for spousal/ex-spouse)..."How does the situation change if he should go out on Social Security Disability?.....Instead of regular Social security retirement? Say sometime in the year 2016 when hes 62. And how if at all would it affect me if we were to divorce?"...The same. See this from Social Security here: https://blog.socialsecurity.gov/ex-spouse-benefits-and-you/(I'll underline the pertinent part)..."If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record."..."Can he collect Social Security and Social Security Disability together at the same time? And what would be the %s and how would this affect me in a divorce?"...No benefits cannot be "stacked," as Social Secuity puts it.... Once he turns normal retirement age the disability benefits conver to retirement benefits (simply paid from a different fund)..."Also as a surviving widow weather by divorce, or still married, since i am already collecting Social Security Disability, would I still recieve 50% of his Social Security in that situation? or more?"...Survivors benefits are higher and can start earlier. See this from here: https://www.ssa.gov/planners/survivors/ifyou5.html..."These are examples of the benefits that survivors may receive:Widow or widower, full retirement age or older -- 100 percent of the deceased worker's benefit amount;Widow or widower, age 60 -- full retirement age -- 71½ to 99 percent of the deceased worker's basic amount;"...Lane
Customer: replied 1 year ago.
I didnt get a response just keep getting do I want a live phone call over and over no I do not
Sorry not happy with this service not satisfied Please refund my money
Expert:  Lane replied 1 year ago.

"So If he waits to collect on his own til hes 65 or 66 or older I have to wait until then? and until then I cant collect anything on his record correct?"

...

SO sorry, that's right. This all changed (for spousal/ex-spouse benefits in April). The main difference of the new law is that one cannot ancillary benefits (spousal or dependent) until the worker is collecting.

...

"And if and only when he begins to collect on his record, depending on how old he is at that time. I will only get 50% of whaever it is that hes collecting?And if and only when he begins to collect on his record, depending on how old he is at that time. I will only get 50% of whaever it is that hes collecting?"

...

That's right, again, EXCEPT that your age only comes into play in the minimum ages to collect (62 for spousal/ex-spouse)

...

"How does the situation change if he should go out on Social Security Disability?.....Instead of regular Social security retirement? Say sometime in the year 2016 when hes 62. And how if at all would it affect me if we were to divorce?"

...

The same. See this from Social Security here: https://blog.socialsecurity.gov/ex-spouse-benefits-and-you/(I'll underline the pertinent part)

...

"If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on his or her record."

...

"Can he collect Social Security and Social Security Disability together at the same time? And what would be the %s and how would this affect me in a divorce?"

...

No benefits cannot be "stacked," as Social Secuity puts it.... Once he turns normal retirement age the disability benefits conver to retirement benefits (simply paid from a different fund)

...

"Also as a surviving widow weather by divorce, or still married, since i am already collecting Social Security Disability, would I still recieve 50% of his Social Security in that situation? or more?"

...

Survivors benefits are higher and can start earlier. See this from here: https://www.ssa.gov/planners/survivors/ifyou5.html

...

"These are examples of the benefits that survivors may receive:

Widow or widower, full retirement age or older -- 100 percent of the deceased worker's benefit amount;Widow or widower, age 60 -- full retirement age -- 71½ to 99 percent of the deceased worker's basic amount;"...

Lane