QUESTION
Am I entitled to my ex's social security benefits?
Asked on Mar 14th, 2013 on Divorce - California
More details to this question:
Is it true that I can collect my social security and some of the amount of my ex-husband? I was married for 26 years and am 62. I will wait until age 65 or later.
6 ANSWERS
John Arthur Smitten
yes.
Answered on Mar 15th, 2013 at 5:25 AM
As I understand it, once you have been married for more than ten years, the Social Security Administration gives you the option to claim social security benefits under yours or your spouse's social security account. Just be sure to not waive that right in any marital settlement agreement or divorce judgment.
Answered on Mar 14th, 2013 at 3:25 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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No. However, if you have not remarried, you may be able to collect a higher amount based on his social security. Check the social security website for "derivative benefits."
Answered on Mar 14th, 2013 at 3:25 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Visit your local Social Security office to determine your eligibility.
Answered on Mar 14th, 2013 at 3:25 PM
No. You choose your own or your derivative rights under him. Whichever is the larger st
Answered on Mar 14th, 2013 at 3:24 PM
Generally speaking, you can collect either your own social security benefits or an amount equal to half of your former spouse's benefits. This does not reduce the amount your former spouse receives, nor is it an issue that is addressed in the divorce (since it relates to federal benefits).
Answered on Mar 14th, 2013 at 3:24 PM