Ask Larry

What Do I Do?

Hi,
i have been separated for 33 years (not legally). i understand that i can still collect a portion of my husbands social security. He is military retired and his social security payment is more than mine. i still work part time. what do i do? Do I go into a social security office?

Hi,

I assume that what you're saying is that you are still legally married and that both you and your estranged husband are drawing your own Social Security benefits. In that case if you want to file for spousal benefits your only current option is to call Social Security at 1-800-772-1213. Social Security offices are currently closed to the public because of the pandemic.

I should point out, however, that as long as your husband is still living the only way you could qualify for spousal benefits in addition to your own benefits is if 50% of his primary insurance amount (PIA) is higher than your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

Best, Jerry

Posted: 
Oct 29 2020 - 12:34pm
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