Salida, CO asked in Divorce and Social Security for Colorado

Q: after being married for 22 years, and divorced almost 5, can I claim any SS from my ex husband. I am 55 years old.

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Stephen J. Plog
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  • Tampa, FL
  • Licensed in Colorado

A: This is a questions probably better suited for either the SS administration or a social security attorney. That being said, my understanding is that if you have been married for a certain amount of time and have paid into SS for 40 quarters on your own, you can elect to either draw SS based on your own or can elect to draw under your ex-husband. I believe in that instance you could draw up to half of what he gets, which doesn't affect what he gets at all. The divorce court has no control or bearing over this and the decision is really which avenue will provide you more monthly income. Again, you should contact SS administration or an SS attorney to get a more concrete answer.

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