Ask Larry

Divorced Spousal Benefits

What If We Were Common Law Married For 5 Years Before We Were Married 5 Years?

What if we were coming law married for 5 years before we were married 5years

Hi. I assume you're referring to meeting the 10 year marriage requirement for divorced spousal or survivor benefits. Any legally recognized marriage can count toward the 10 year requirement, including a valid common law marriage. So, assuming that the marriages were consecutive, a valid common law marriage could be combined with a traditional marriage to meet the 10 year requirement.

Best, Jerry

Posted: 
Friday, January 14, 2022 - 17:08

Can I Collect Benefits Based On My Ex-Spouse's Work Record While Allowing My Own Benefits To Grow?

I receive Social Security Disability Benefits based on my own earnings record. Prior to receiving SSDI, I retired due to a disability (Parkinson’s Disease, an SSDI “listed condition”), and used a private disability insurance policy to retire. My disability insurance policy required that I apply for SSDI after two years of receiving policy benefits. I applied for SSDI, as required by my disability policy, and was determined to be disabled by the SSA on August 1, 2015. My birth date is 7/30/1956.

Posted: 
Friday, January 7, 2022 - 15:15

Are There Any Exceptions To The 10 Year Requirement For Divorced Spousal Benefits?

Married to ex spouse for 9 yrs 9 months. Grounds granted for divorce in the state of New Jersey, extreme physical cruelty. Are there any exceptions to the 10 yr. rule to collect his Social Security based on the circumstances?

Hi. No. You must have been married for at least 10 years to be able to qualify for divorced spousal benefits. The cause of the divorce is irrelevant (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202005).

Best, Jerry

Posted: 
Wednesday, January 5, 2022 - 16:50

Can I Claim Spouse Support Now At Age 57?

Hi Larry!! I was married for 34 years when my ex wanted a divorce so we have been separated now for 5 years. We both was and still on SSDI. He is just now filling for a divorce because he says he may be getting married. I’m single and have no intention on getting remarried. I’m 57 now can I claim spouse support now or do I have to wait till my divorce is finalized?? I really could use the money.

Posted: 
Monday, December 6, 2021 - 08:40

Can I Claim Divorced Spousal Benefits For Six Months Prior To My Filing Date?

Good afternoon. I have your older edition of "Get what is yours". Great book. I have recently filed a restricted application against my ex-spouse's account. The app was approved and during that process, I was told that I could file a retroactive claim to 12/1/2020. When I spoke with SSA this past Monday, (they actually called me!) I think what I was told is that the claim could only go back to when she filed for benefits in July.

Posted: 
Wednesday, November 17, 2021 - 17:03

Am I Eligible To Collect Benefits From Both Of My Ex's?

Larry - I have had two marriages that lasted 10.5 years each - not planned that way but just happened! Both ended in divorce and I am not remarried. My ex's are both retired and collecting social security. My first ex served 21 years in the military while we were married. My second ex receives social security and disability. I understand that I am not eligible for receipt of any of his disability benefits - nor would I want to. I turned 67 in October and am also eligible for full retirement but to my own accord choose to continue to work until I turn 70.

Posted: 
Friday, November 12, 2021 - 16:40

Can My Mother Collect Benefits Based On Her Living Ex-Spouse's Record?

Mother married for 20 years then divorced then remarried another man then widowed . Can she collect based of her living ex spouses record (first marriage)...fyi she is currently 74 and collecting on her own record since she made more than her deceased 2nd husband.

Hi. Possibly. Subsequent marriages don't bar a person from being able to qualify for divorced spousal benefits on a former spouse's record, provided that the subsequent marriage(s) has ended in death or divorce.

Posted: 
Saturday, October 30, 2021 - 17:11

Can I Collect My Ex-Spouse's Social Security Even If He's Only Age 56 And Hasn't Applied For Benefits?

I want to retire at 65 in march 2022..I am divorced. Was married from 1993-2016. My ex is 8 yrs younger making him 56 yrs old now. Will I be able to collect his social security even though he has not applied for his own being he is not at retirement age?

Hi. No. As long as your ex-spouse is still living, the only way that you could potentially qualify for divorced spousal benefits is if your ex is either at least age 62, or if he's drawing Social Security retirement or disability benefits.

Best, Jerry

Posted: 
Wednesday, October 27, 2021 - 13:56
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