Can a divorced spouse, who is now 72 years of age, who was married for 30 years and, who initially elected to collect benefits based on her own...

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Can a divorced spouse, who is now 72 years of age, who was married for 30 years and, who initially elected to collect benefits based on her own earnings, when she was 63; now elect to collect benefits, based on her ex-husbands earnings, and if so, can she collect an amount equal to 50% of her ex-husbands current benefits or will she be restricted to an amount that is reduced by the same percentage of penalty (approximately 65%) that her full benefits were reduced by, because she elected to collect at age 63?

I have been told: "yes" she can make a new election and "yes," she can collect, based on the husband's earnings and "yes" she is entitled to an amount equal to 50% of her ex-husbands husbands benefit; by the official Social Security Administration Customer Service Representative, during a recent phone conversation, but my ex wife is being told "No, when she contacted her local Social Security Office. This is the second time we have received conflicting answers. I get along fine with my ex-wife and want her to get the additional benefits if she is entitled to them.

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Victor Santucci EA
Social Security Advisor

Hello and welcome to ExpertHelp.com! My name is Victor Santucci EA and I'm going to do everything in my power to answer your question to your full satisfaction!

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Last updated
Victor Santucci EA
Social Security Advisor

Gary,

See the attached article:

https://www.thebalance.com/social-security-rules-for-restricted-applications-2388915

The answer to your questions is unfortunately, No she cannot change to 50% of your benefits because:

A spouse must be full retirement age and born on or befor 1/1/1954 to file for restricted application for a SPOUSAL benefit only   AND

Must not have already begun their own benefits -  your wife has already started her benefits based on her earnings and at a reduced rate.

Victor Santucci  EA

Posted
Victor Santucci EA
Social Security Advisor

Gary,

Do you need further assistance with your original question?

Victor Santucci  EA

Posted
Customer

No, but thank you for your prompt response

Posted

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