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If a 48 year old divorced man's ex-wife is drawing

If a 48 year...

If a 48 year old divorced man's ex-wife is drawing disability social security, can he draw from her if he has a job paying $150,000 a year?

Accountant's Assistant: 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.

A legal separation from a spouse who draws disability social security of $2,000 a month with a pending divorce in February. The separated spouse is pushing for him to retire from his $150,000 a year job with State Employment so she can draw half of his retirement. Will he ever be able to draw from her social security benefit?

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

He has 5 more years to full retirement. Can he draw off of her while he is working with this type of wages? Will he EVER be able to draw anything from her. He does know that Louisiana State Retirement off sets any Social Security Benefit.

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Answered in 12 minutes by:
12/11/2017
emc011075
emc011075, Tax Adviser
Category: Social Security
Satisfied Customers: 3,776
Experience: Tax adviser IRS licensed Enrolled Agent and tax instructor
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Hi. My name is ***** ***** I will be happy to help you.

Unless he is also disabled, he cannot apply for any social security benefits before 62. And because of his high income and State employment he will most likely never receive any spousal benefits. His own benefits will be much higher to collect spousal benefits or his pension will eliminate his spousal benefits (government offset provision).

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Any government retirement (federal, state or local) from an employer who did not contribute to social security (no social security was taken out of the paycheck) will offset social security benefits. Windfall elimination provision reduces or eliminate his own benefits and government offset provision will reduce or eliminate his spousal benefits.

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Customer reply replied 6 months ago
Thanks - This may be the answer that was needed.

You're welcome.

emc011075
emc011075, Tax Adviser
Category: Social Security
Satisfied Customers: 3,776
Experience: Tax adviser IRS licensed Enrolled Agent and tax instructor
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