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lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 29970
Experience:  Taxes, Immigration, Labor Relations
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Can I recieve SSI from my retired ex-spouse? We divorced in

Customer Question

Can I recieve SSI from my retired ex-spouse?
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: We divorced in 1986. He remarried and I did not. He has been retired for 2 years. I will not retire at this time. Can I collect from his benefits?
JA: Is there anything else the Retirement Accountant should be aware of?
Customer: Not at this time.
Submitted: 1 month ago.
Category: Social Security
Expert:  lev-tax replied 1 month ago.

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if they have remarried) if:

  • You are unmarried;
  • You are age 62 or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits; and
  • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on their record if you have been divorced for at least two years.

Expert:  lev-tax replied 1 month ago.

If you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount.

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