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I will be 66 in July, divorced 2.5 years ago. My ex will…

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I will be 66...

I will be 66 in July, divorced 2.5 years ago. My ex will turn 66 in September. Can i really collect half of his social security and still work? Do i have to wait until he is 66?

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Submitted: 6 months ago.Category: Social Security
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Answered in 4 minutes by:
1/9/2018
Social Security Expert: lev-tax, Tax Advisor replied 6 months ago
lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 33,140
Experience: Taxes, Immigration, Labor Relations
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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.

So far - you are eligible for spousal benefits IF your spouse reached his FRA (that is 66) OR if he already started his benefits.

Let me know if that answered your question.

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Customer reply replied 6 months ago
My benefit is not less than half, but I’m not going to retire until I’m 70 (not take my benefits)
Customer reply replied 6 months ago
No text is fine
Social Security Expert: lev-tax, Tax Advisor replied 6 months ago

Yes - that is possible for those who was born before 1954.

That option was eliminated not long ago by the new law for others.
You may file a restricted application for spousal benefits ONLY.
It is very important to do at the time you file your application - if you do not do that at that moment and file a regular application - you will not be able to restrict your application after that.

In this case - you will have your own benefits to grow.

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Social Security Expert: lev-tax, Tax Advisor replied 6 months ago

Specifically for your situation - these SSA pages will provide valuable information
https://www.ssa.gov/planners/retire/deemedfaq.html

FAQ #3 I turned 62 before January 02, 2016. Does the new law on deemed filing under the Bipartisan Budget Act affect me?

No, if you turned 62 prior to January 2, 2016, the new law that extends deemed filing rules to benefits at full retirement age and beyond will not apply to you.

That actually means - you may file a "restricted" application for spousal benefits ONLY - and that deemed rules which woudl treat as you applied for your own benefits will not apply.

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

That actually means - IF your spouse will apply AND suspend his benefits - that suspension will affect your spousal benefits which will be suspended as well.

So - if your spouse will start and continue his benefits OR if he would not apply - you still will be eligible.

.

I appreciate if you take a moment to rate the answer.

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Customer reply replied 6 months ago
Why could he restrict Benifits? He’s my ex, not my spouse. I have no recourse? I get 50% unless he restricts them?
Social Security Expert: lev-tax, Tax Advisor replied 6 months ago

There might be different reasons for him to suspect his benefits - for instance if he changes his mind and wants his own benefits to grow - similar to your intention.

But if he do so - that will affect everyone who is getting benefits from his account.

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Social Security Expert: lev-tax, Tax Advisor replied 6 months ago

I appreciate if you take a moment to rate the answer.

Experts are ONLY credited when answers are rated positively.If you will need any clarification or have additional tax questions - you are welcome back.I might not be immediately available - but surely will reply.
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