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dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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Can you draw as on your ex husband, Married for 32.5 yrs.

Customer Question

Can you draw as on your ex husband
JA: The Accountant will know how to help. Please tell me more, so we can help you best.
Customer: Married for 32.5 yrs. Divorced. He remarried and has 1 1/2 yr old. Someone told me that I could.. had a stroke a few yrs ago and it's harder to do thing thinking about retiring. I'll be 64 in August
JA: Is there anything else the Accountant should be aware of?
Customer: Not sure what you mean
Submitted: 2 months ago.
Category: Social Security
Expert:  emc011075 replied 2 months ago.

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

If you were married for more than 10 years you could be eligible for benefits based on his records. Here are the requirements:

- both of you are 62 or older

- you have not remarried before age of 60 or you are single (widow or divorced)

- benefits based on his records are higher than benefits based on your own records.

Your full retirement age is 66 so if you apply now, before your full retirement age your benefits will be reduced to 42% of benefits he was or will be entitled to receive at his full retirement age.

Expert:  emc011075 replied 2 months ago.

I see you read my respond. Do you have any questions? Is there anything else I can help you with today?

Customer: replied 2 months ago.
he is 68 so if I'm 64 I get 42% am I understanding this correct. If I'm 66 whT would it be?
Customer: replied 2 months ago.
No I'm not paying more. Sorry
Expert:  emc011075 replied 2 months ago.

You can ignore the phone call request, it is generated by the website automatically as soon as you respond.

If you wait until 66, your full retirement age, you will get 50% of what he was eligible at his full retirement age. If you apply at 64 the percentage will be same until he dies and you may be eligible for widows/survivor benefits or you switch to different benefits. Your widow/survivor benefits will be about 85% of the amount he will be receiving at the time of his death. If you wait until 66 t apply your widows benefits will 100% of what he will be receiving at the time of his death.

Basically, if you apply for any social security benefits before your full retirement age you will permanently reduce all your benefits available to you at that time and in the future. It is type of penalty for applying early.

Expert:  emc011075 replied 2 months ago.

Any questions?