Start Your Divorce Today - Premium Divorce Online

Topic Options
#460630 - 11/15/08 04:30 AM Pesion
boabab Offline
recently joined

Registered: 11/15/08
Posts: 2
I have received conflicting information from Social Security. My question is: do I qualify as an “divorced spouse” and am I entitled to receive social security benefits on my former spouse’s Social Security record
I am 62, never remarried, was married to my former spouse for 29 years, have been divorced for 10 years and I am not entitled to a higher Social Security benefit on my record although I have also worked.
My former spouse is 63, did not apply for social security benefits and continue working.
I was first told at the Social Security office I was entitled to these benefits but later was told I was not, I was told my former husband would need to be receiving his own social security. The reason they gave me was because since he has not applied they would not know what benefits he would receive and therefore would not know what benefits I would be entitled to.

Top
#460631 - 11/17/08 10:09 AM Re: Pesion [Re: boabab]
Robert_Nowak Offline
journeyman

Registered: 06/04/05
Posts: 54
Loc: Glen Head, NY

A divorced spouse of an insured worker is entitled to benefits based on the worker’s retirement or disability The requirements for such benefits are as follows:
(a) the insured worker is entitled to disability or retirement benefits; if the worker is eligible for benefits but is not receiving benefits, the divorced spouse may receive benefits if the parties have been divorced for at least two years; and
_________________________
Robert E. Nowak, Esq. 107 Northern Bvd. Great Neck, NY 11021 516/487-8200

Top
#460632 - 11/17/08 06:25 PM Re: Pesion [Re: boabab]
topir Offline
recently joined

Registered: 11/17/08
Posts: 1
Quote:
I have received conflicting information from Social Security. My question is: do I qualify as an “divorced spouse” and am I entitled to receive social security benefits on my former spouse’s Social Security record
I am 62, never remarried, was married to my former spouse for 29 years, have been divorced for 10 years and I am not entitled to a higher Social Security benefit on my record although I have also worked.
My former spouse is 63, did not apply for social security benefits and continue working.
I was first told at the Social Security office I was entitled to these benefits but later was told I was not, I was told my former husband would need to be receiving his own social security. The reason they gave me was because since he has not applied they would not know what benefits he would receive and therefore would not know what benefits I would be entitled to.

The Social Security office gave you incorrect answer !!!
You are entitled to Social Security Benefits if your ex-husband has not applied for benefits, but can qualify for them and is age 62 or older, and you met all requirements described below.
The Code of Federal Regulations SSA20 C.F.R. §404.331:
“You are entitled to wife's or husband’s benefits as the divorced wife or divorced husband of an insured person who is entitled to old-age or disability benefits if you meet the requirements of paragraphs (a) through (e). [color:"red"] You are entitled to these benefits even though the insured person is not yet entitled to benefits, if the insured person is at least age 62 [/color] and if you meet the requirements of paragraphs (a) through (f). The requirements are that—
(a) You are the insured's divorced wife or divorced husband and—
(1) You were validly married to the insured under State law as described in §404.345 or you were deemed to
be validly married as described in §404.346; and
(2) You were married to the insured for at least 10 years immediately before your divorce became final;
(b) You apply;
(c) You are not married. (For purposes of meeting this requirement, you will be considered not to be married
throughout the month in which the divorce occurred);
(d) You are age 62 or older throughout a month in which all other conditions of entitlement are met; and
(e) You are not entitled to an old-age or disability benefit based upon a primary insurance amount that is equal to
or larger than the full wife's or husband's benefit.
(f) You have been divorced from the insured person for at least 2 years.
[44 FR 34481, June 15, 1979, as amended at 48 FR 21926, May 16, 1983; 51 FR 11911, Apr. 8, 1986; 58 FR 64891, Dec. 10, 1993]”

Call SSA 1-800-772-1213 and ask for an appointment to file a claim and get an official written answer to your question, rather than an answer over the phone. You will get a higher trained employee to process your claim rather than an entry level service rep to answer your question.

Top
#460633 - 11/20/08 04:08 AM Re: Pesion [Re: topir]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
I would point out that your receipt of benefits based on your ex spouse's earning history does not in any way reduce the social security that he is entited to. It simply allows you to have your benefit determined on his earning history.

Top
#460634 - 11/21/08 04:52 AM Re: Pesion [Re: boabab]
jaiye Offline
old hand

Registered: 10/28/05
Posts: 860
My mother retired early at 62 but was on her own work record. My dad is three years younger than my mom. My mom could not draw on his record which was higher than hers until he started drawing on his at his full retirement age of 65 at that time my mothers was increased to half of his amount.

Top



Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: