Ask Larry

Can I Collect My Husband's Social Security Even If He's Still Working?

I was born in February 1956 I've been divorced now for 30 years can I can I collect my husband's Social security. he was born in 1955 Even if hes still working

Hi. Since you've been divorced for more than 2 years and since you and your ex-spouse are both at least age 62, you could potentially qualify for divorced spousal benefits as long as you're currently unmarried, you were married to your ex for at least 10 years, and if your own primary insurance amount (PIA) is less than 50% of your ex-spouse's PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

However, if and when you apply for divorced spousal benefits you'll be forced to also apply for your own Social Security retirement benefits at the same time. The result would be that you could only be paid essentially the higher of the two benefit rates, and your benefit rate would be reduced for age if you apply prior to your full retirement age (FRA).

The fact that your ex is still working wouldn't affect your ability to collect divorced spousal benefits, but if you have earnings your benefits could be subject to withholding if you earn too much (https://www.ssa.gov/benefits/retirement/planner/whileworking.html).

It sounds like you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze all of your options so that you can determine your best strategy for maximizing your benefits.

Best, Jerry

Posted: 
Aug 7 2022 - 12:35pm
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