Legal Question in Social Security Law in New Jersey

Collecting portionof Ex-husband's SS benefits

My ex and I were married for 12 years. He is coming eligible for SS benefits. I know I am entitled to part of those benefits, but I need to know how to go about applying and collecting. I no longer have his SS#. I live in NJ and he currently lives in Pa.

How do I handle this.

Thank you

Sue

Hamburg, NJ


Asked on 11/15/07, 9:52 am

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Re: Collecting portionof Ex-husband's SS benefits

I will assume that you mean your ex-husband will soon be eligible for a Retirement benefit.

First understand that you are not getting 'part' of his benefit - he gets all of his benefits. You may qualify for a spousal benefit, based on his earnings, if you meet certain conditions:

"To qualify on his record you, the ex-spouse must:

1. have been married to him, the primary beneficiary, for at least 10 years;

2. be at least 62 years old yourself;

3. be unmarried; and

4. not be eligible for an equal or higher benefit on your own Social Security record, or on someone else's Social Security record.

and

If you, the former spouse continues to work while receiving benefits, the same earnings limits (and adjustments) apply to you as apply to the retiree.

You can apply at a local office, by phone, or on-line. See this link for a list of the extensive info that you will need to provide:

http://www.ssa.gov/online/ssa-2.html

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Answered on 11/15/07, 11:07 am


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