Hello my question is my ex husband gave me a choice spousal or his retirement I chose spousal he than took me back to court and gave me the gavron and took my spousal away now that I am not working can I get his retirement? I am now retired and make only 1292. month. Please help me thank you Helen
Hi Helen. No. People can't bargain away their Social Security benefit rights in a divorce settlement, nor can a state or local court take away your right to Social Security benefits. Therefore, I'm having a hard time understanding your description of events.
Social Security would never pay you your husband's Social Security retirement benefits, but you could potentially qualify for divorced spousal benefits if you meet the requirements. And, if you qualify for divorced spousal benefits, you can apply for and be paid those benefits regardless of any agreement that you have or had with your ex-husband. You don't need his permission to claim divorced spousal benefits on his Social Security account.
In order to qualify for divorced spousal benefits, though, you must meet the requirements for those benefits. That includes having been married to your ex for at least 10 years, being unmarried currently, and being at least age 62. Also, your ex would need to be at least age 62 or collecting Social Security disability or retirement benefits. And, if you're already collecting Social Security retirement or disability benefits then you could only qualify for additional divorced spousal benefits while your ex is still living if 50% of his primary insurance amount (PIA) is more than your own 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).
The full requirements for divorced spousal benefits are outlined in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html. If you think that you meet the requirements, then you can call Social Security to file an application or to discuss your filing options.
Best, Jerry
