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I turn 66 in Feb 2018. I woul like to suspend drawing off of…

Customer Question
I turn 66 in...

I turn 66 in Feb 2018. I woul like to suspend drawing off of mine instead draw from my ex-husband's

Accountant's Assistant: The Retirement Accountant will know how to help. Please tell me more, so we can help you best.

I was married for 14 years

Accountant's Assistant: Is there anything else important you think the Retirement Accountant should know?

He is 10 years older than me

Submitted: 8 months ago.Category: Social Security
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11/19/2017
Social Security Expert: SSA.Help4u.168, Accountant replied 8 months ago
SSA.Help4u.168
SSA.Help4u.168, Accountant
Category: Social Security
Satisfied Customers: 4,756
Experience: Tax Accountant
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Social Security Expert: SSA.Help4u.168, Accountant replied 8 months ago

Based on the following information, you will not be able to suspend your benefits to draw off of your husband's benefits. SEE BELOW:

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How is the law changing? Under the new law, you can still voluntarily suspend benefit payments at your full retirement age (currently 66) in order to earn higher benefits for delaying. But during a voluntary suspension, other benefits payable on your record, such as benefits to your spouse, are also suspended. And, if you have suspended your benefits, you cannot continue receiving other benefits (such as spousal benefits) on another person’s record.

Who will be affected? The new law applies to individuals who request a suspension on or after April 30, 2016, which is 180 days after the new law was enacted. Remember, you must have reached your full retirement age (currently 66) in order to request a suspension.

REFERENCE SOURCE:

https://www.ssa.gov/planners/retire/claiming.html

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Customer reply replied 8 months ago
even though my ex-husband has been collecting his social security for the last 10 years there is no way for me to collect his? Is correct?
Social Security Expert: SSA.Help4u.168, Accountant replied 8 months ago

As the law recently changed, as stated in my previous response, if you voluntarily suspend your benefits, you will not be able to collect under your husband's record.

---------------------------------

Who will be affected? The new law applies to individuals who request a suspension on or after April 30, 2016, which is 180 days after the new law was enacted.

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Customer reply replied 8 months ago
is there anyway I can collect his?
Social Security Expert: SSA.Help4u.168, Accountant replied 8 months ago

Yes, if you and he divorce, and certain requirements are met, or if he passes away.

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Customer reply replied 8 months ago
what requirements?
Social Security Expert: SSA.Help4u.168, Accountant replied 8 months ago

Who Is Eligible for a Spousal Benefit?

Current spouses and ex-spouses (if you were married for over 10 years and did not remarry prior to age 60) are both eligible for a spousal benefit.

You must be age 62 to file for or receive a spousal benefit.

You are not eligible to receive a spousal benefit until your spouse files for their own benefit first. Different rules apply for ex-spouses. You can receive a spousal benefit based on an ex-spouse's record even if your ex has not yet filed for his or her own benefits, but your ex must be age 62 or older.

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Customer reply replied 8 months ago
can I receive his along with mine?
Social Security Expert: SSA.Help4u.168, Accountant replied 8 months ago

No, you cannot. You can only receive one benefit, either yours or his.

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Social Security Expert: SSA.Help4u.168, Accountant replied 8 months ago

At this point, as he is still alive, the two of you are not divorced, and you are currently receiving your own benefits, you cannot receive benefits off of his record.

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Customer reply replied 8 months ago
No we are not married nor have I started to collect
Social Security Expert: SSA.Help4u.168, Accountant replied 8 months ago

As the two of you are no longer married, if you were married 10 or more years, you are eligible to receive spousal benefits off of his record. Note that you will receive benefits off the record that pays more, either yours or his. Benefit amounts are not combined.

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Social Security Expert: SSA.Help4u.168, Accountant replied 8 months ago

You are automatically entitled to receive either a benefit based on your own earnings or a spousal benefit based on your spouse's or ex-spouse's earnings. Social Security calculates and pays the higher amount.

REFERENCE SOURCE:

https://www.thebalance.com/how-the-the-social-security-spouse-benefit-works-2388924

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Customer reply replied 8 months ago
can I start to collect his and then go to mine? I understand that I would then drop his
Social Security Expert: SSA.Help4u.168, Accountant replied 8 months ago

You can, however, you will need to complete a Restricted Application before you start receiving his benefits. SEE BELOW:

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If you applied for benefits after your full retirement age using what’s called a restricted application, you could have received only a spousal benefit while preserving your ability to switch to your own benefit later, typically when it maxes out at age 70. If you didn’t file a restricted application, though, the switch typically isn’t available.

REFERENCE SOURCE:

http://www.bankrate.com/retirement/switch-spousal-social-security-benefits/

If you do not complete the Restricted Application process, you will not be able to switch to your benefits later. You can read the rules of a Restricted Application at the following link.

https://www.thebalance.com/social-security-rules-for-restricted-applications-2388915

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