Ask Larry

Divorced Spousal Benefits

Can I Get My Ex-Spouse's Social Security When I Reach Age 62?

Hi Larry, I will be 62 next year I'm divorce ex will be 56 still working can i get his social security at 62 or do i have to wait until he get his social security

Hi. No. You can't qualify for divorced spousal benefits on the account of a living ex-spouse unless your ex is at least age 62 or is collecting Social Security retirement or disability (SSDI) benefits.

Sunday, February 13, 2022 - 07:49

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

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.

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 (

Best, Jerry

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.

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.

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.

Friday, November 12, 2021 - 16:40
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