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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37639
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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If a wife chooses to use her husbands Social security

Customer Question

If a wife chooses to use her husbands Social security instead of her own at age 65, how does it affect what the husband receives when he reaches age 65 and decides to retire?
JA: The Retirement Accountant will know how to help. Please tell me more, so we can help you best.
Customer: If a x-wife turns 65 years old and chooses to use her x-husband's Social Security because it is more than hers, how will it affect what he is able to draw when he turns 65?
JA: Is there anything else important you think the Retirement Accountant should know?
Customer: The man has remarried, in the event something should happen to him, how would it affect the wife's ability to draw on her husband's account?
Submitted: 6 months ago.
Category: Social Security
Expert:  LawTalk replied 6 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

It is not possible for a wife to apply for a spouse benefit if her husband is not already taking his social security retirement benefit.

However, when a wife is eligible to take a spouse benefit because her husband is already receiving his, her benefit has absolutely no effect on his benefit. A retirement benefit and a spouse benefit are separate benefits and one does not effect the other---aside from the fact that one must be already collecting their retirement benefit before their spouse can apply for a spouse benefit.

However, if you are divorced from the husband that you want to claim a spouse benefit against, and you were married at least 10 years, divorced for at least 2 years and your ex-husband is at least 62, then yes you may apply for an ex-spouse benefit and it will have no effect on your ex's own benefit when he finally applies for it. The fact that the ex-husband remarries has no effect on the ex-wife being able to claim her ex-spouse benefit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. There is no cost to you related to your rating my service to you. Thank you in advance.

I wish you and yours well in the New Year,


Expert:  LawTalk replied 6 months ago.


It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,