Is It Possible To Draw Spousal benefits from Social Security based on a 12 year marriage and divorce while I am still working? I am age 67, still working full-time, but planning to collect Social Security Benefits based on my own earnings when I retire.

My Ex is age 63, on disability, and collecting additional spousal benefits based on our 12-year marriage. Although legally divorced in 2011, we still live in the same Condo because she is dealing with advanced Myeloma Cancer.

Can I presently collect Spousal Benefits under these conditions without affecting either her SS benefits or reducing the amount I would receive when I retire and fill for benefits based on my own earnings?

Hi,

It wouldn't be spousal benefits, but it sounds like you may qualify for divorced spousal benefits. And, since you're past full retirement age (FRA) you could potentially draw those benefits no matter how much you're earning.

It sounds like your best option may be to file for divorced spousal benefits as soon as possible and then switch to your own record at age 70, although you may want to use our maximization software to be sure.
If you do draw divorced spousal benefits it wouldn't have any adverse effect on your own future retirement benefit rate, nor would it reduce the amount that your ex-wife receives.

Also, I would suggest contacting Social Security before the end of this month to at least make an appointment to discuss your options with a claims representative. It sounds like you may be eligible for back pay on your ex-wife's account, and by establishing a protective filing date you can potentially prevent the loss of any further benefits.

Best, Jerry