Ask Larry

Does My Ex Have To Wait Until I Retire To Receive Benefits On My Record?

My ex-husband is not a US citizen. I am 57 he is 63. We were married 28 years. Does he have to wait until I file for retirement to collect the spousal benefit he is due? Is he do one if he's not a citizen?

Hi,

Unless you receive Social Security disability benefits, your ex-husband could not be eligible for divorced spousal benefits on your record until you are at least age 62.

Non U.S. citizens can normally draw Social Security benefits if they are living in the U.S.. If they are living outside the U.S., though, there are a number of variables involved in determining whether or not they can be paid benefits (https://www.ssa.gov/pubs/EN-05-10137.pdf).

Best, Jerry

Posted: 
Jul 26 2017 - 7:56am
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