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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2983
Experience:  associate attorney
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You can. I am 66 years old and receiving some social

Customer Question

you can.
JA: The Retirement Accountant will know how to help. Please tell me more, so we can help you best.
Customer: I am 66 years old and receiving some social security. When I applied I asked that my ex-husband's ss be concidered. I was married to him for 18 years and we lived in so. CA at the time. We married in IA and divorced in 1992 in CA. Twice social security has denied this once saying that we lived in NV and the other time saying I hadn't been married 10 years.
JA: Is there anything else the Retirement Accountant should be aware of?
Customer: I'm not sure how to answer that.
Submitted: 9 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 9 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com. Give me a bit and I will draft you an answer.

Expert:  Christopher B, Esq. replied 9 months ago.

If you are trying to get a spousal benefit from an ex spouse, it is true that you must have been married at least 10 years to do so. If you have not then you will not be eligible for the spousal benefit from him. you also cannot have remarried before age 60 (or at least not be married currently). The spousal benefit is normally 50% of the spouse's benefit at full retirement age (in 2017 that is 66 and 2 months). if you elect to take your retirements benefits earlier then it will be penalized by the early retirement penalty. For example, if you retire at age 62, your benefit will be reduced to 32.5% of your spouse's benefit. These benefits also do not stack and you can only receive the higher of the 2 benefits. Please see SSA link for more info: https://www.ssa.gov/planners/retire/divspouse.html

Since you were not married for 10 years, unfortunately, you will not be eligible for your ex-spouse's benefit.

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Customer: replied 9 months ago.
I was married to my ex-husband for 18 year: Mar 12, 1974 to Sept 13, 1992. We were married in Davenport, IA and divorced in San Diego, CA. I am 66 years old now, and have never been married nor even dated with anyone since then. Social Security has denied my claim twice, once for us having lived in NV (we never lived in NV while married), the 2nd time they said we hadn't been married 10 years. Unless there is another "new math" that would render my 18 years of marriage down to less than 10, then I should be eligible. Social Security isn't listening to me nor is reading my file enough to get the full picture. What I need is advice on how to get them to work with me. I hope this helps you understand my situation better. Thanks for any help you can provide me. Zuladawn Hall
Expert:  Christopher B, Esq. replied 9 months ago.

If you were married for more than 10 years, you should not be denied. Was this an official marriage or a common law marriage?