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dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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This is in reference to a question I have about social

Customer Question

This is in reference to a question I have about social security retirement and if divorced.
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Please tell me more, so we can help you best.
Customer: Please advise if I am planning on retiring at age 66 I will be eligible for my social security benefits 1st. But if my ex-spouse's benefits are higher, I will get an additional amount on the ex-spouse's record so the combination equals the higher amount. Correct?
JA: Is there anything else important you think the Retirement Accountant should know?
Customer: No I do not think so. Thank you....
Submitted: 9 months ago.
Category: Social Security
Expert:  emc011075 replied 9 months ago.

Hi. My name is ***** ***** I will be happy to help you.

If your marriage lasted at least 10 years and you are currently unmarried, you qualify for spousal benefits based on your ex-spouses records. Your spousal benefits would equal to 50% of your ex-spouse's benefits. You can claim whichever benefits are higher: your own or spousal.

Expert:  emc011075 replied 9 months ago.

Also, your ex-spouse must be at least 62 to qualify for you to qualify.

Customer: replied 9 months ago.
I am confused because I though my benefit would be paid 1st and then my ex-spouse's benefits if higher would be add to my to make up the difference is that not correct?
Expert:  emc011075 replied 9 months ago.

Technically yes, but the maximum you will get is the higher of these two. For instance, if your benefits are $900 and your spousal would be $1200, you will get $900 of yours and $300 of spousal, for total of $1200.

Expert:  emc011075 replied 9 months ago.

Combined you will not get more than the amount of the higher spousal benefits.