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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13566
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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I currently draw social security, however my husband is not,

Customer Question

I currently draw social security, however my husband is not, he is still working. my questions is, can i draw on his since it would be more than what i draw now. also, is it possible to draw on my ex-husbands (married 13 years) who is currently retired? which one of these two be possible?
Submitted: 12 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 12 months ago.

Hi, my name is***** have been practicing SS LAW full time for 10+ years and look forward to assisting you.

Expert:  Stephanie O Joy, Esq replied 12 months ago.

Unfortunately, 1) you can not draw on a spousal benefit of your current husband, unless he has filed for his own as well (and not suspended his own). 2) As for ex-spouse benefits, no, you can not be a currently married person to draw off the ex, because such benefits are dependent benefits, and you are not dependent, for SS purposes, on the ex, only on the current.

Once your current husband files, you can seek a spousal if better. If either pass away, you can file, if old enough, for a widow's benefit on the higher of the two, if higher than your own.

Expert:  Stephanie O Joy, Esq replied 12 months ago.

I hope this helps! My goal is to provide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you aredone. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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