Boulder, CO asked in Social Security for Colorado

Q: Can I apply for half my ex's soc sec at 66 and defer applying on my own. Never remarried/married over 10 yrs.

Even though he was well paid while working he was also very creative about hiding income. It's possible that my benefit would be higher than his.

Related Topics:
1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: This a complex question that cannot be answered completely on Justia. It is recommended that you make an office visit at your local Social Security Office (expect a wait--reserve a time if possible) or contact a social security/estate planning attorney. To answer your basic questions, it is possible to claim spousal supplemental benefits from an ex spouse if you were married for 10 (or more) years to the person. Also, you generally cannot claim both spousal supplemental benefits AND regular benefits unless careful planning is done. There are ways to potentially get both benefits for some married couples, but this will require a detailed analysis of the facts and potential benefits. Note, the old plan of claiming spousal benefits with deferment by the primary benefit recipient was closed-down this year.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.