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Can I Draw Benefits On My Ex-Spouse's Record If They Aren't Retired?

I will be 62 in April and divorced. I was married to my ex-husband for over 20 years. I don't know when he plans to retire -- what I do know is that he's made substantially more than I have in the years we were married and after. Can I begin collecting (my spousal benefit) on his social security if he hasn't retired?
Thanks,
Jane

Hi Jane,

Yes, you can, at least potentially. You must, however, be unmarried, both you and your ex must be at least age 62, your divorce must have been final for at least 2 years, and you cannot be eligible for higher benefits on your own record. Also, there is an earnings test (https://www.ssa.gov/planners/retire/whileworking2.html) that could limit your ability to draw reduced benefits prior to your full retirement age.

Best, Jerry

Posted: 
Aug 6 2016 - 11:00am
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