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Old 12-28-2011, 05:35 PM
 
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see a lawyer who is working in your behalf. not a mediator type thing.

then decide what to do.

most separation agreements include how and if social security will be considered anyway.

am sorry that you are unhappy and wish you the best.
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Old 12-28-2011, 08:55 PM
 
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Quote:
Originally Posted by Ann in Oriental View Post
My question is, at 62 do I get a larger percentage of his benefit if I begin before the divorce is final and apply as a "spouse"? or should I wait until the divorce is final? This is quite important...
You'll receive the same spousal benefit whether divorced or still married. The big factor to consider is that at age 62, you'll receive a severely - and permanently - reduced benefit for beginning early withdrawals.

IMO, this issue (Social Security) is the least of your current concerns. You need legal help and also some professional counseling. The decisions you make now will affect you financially for the rest of your life. The legal and counseling assistance will help you to look at all factors. Please don't don't take any steps (such as applying for SS) until you've had someone help you look at all the factors.
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Old 12-28-2011, 10:15 PM
 
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There's also maybe a consideration of retirement plans, life insurance, etc.. Consult an attorney..
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Old 12-29-2011, 10:21 AM
 
Location: SoCal
6,419 posts, read 11,571,173 times
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Quote:
Originally Posted by theoldnorthstate View Post
see a lawyer who is working in your behalf. not a mediator type thing.
... .
I see the point behind this, but be careful not to get sucked into an adversarial argument between lawyers, because they will suck up any available funds.
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Old 01-02-2012, 06:54 PM
 
Location: Florida
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You are correct to try and figure the answers out on your own. Then ask an expert (your divorce lawyer and maybe others) and investigate if there answer is different than yours. Problem is there is a lot of misinformation.
The one thing you should do is have a written binding agreement as part of the divorce proceedings that he will file for his benefits no latter than his normal (SS) retirement age. This is probably 66 or 67. Until he files you can not collect on his account. He can suspend his application (this is ok as you can still collect) if he wants to delay his payments. From what you said I don't think you have worked long enough to collect on your account.
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Old 01-05-2012, 11:02 AM
 
Location: Northern panhandle WV
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Quote:
Originally Posted by rjm1cc View Post
You are correct to try and figure the answers out on your own. Then ask an expert (your divorce lawyer and maybe others) and investigate if there answer is different than yours. Problem is there is a lot of misinformation.
The one thing you should do is have a written binding agreement as part of the divorce proceedings that he will file for his benefits no latter than his normal (SS) retirement age. This is probably 66 or 67. Until he files you can not collect on his account. He can suspend his application (this is ok as you can still collect) if he wants to delay his payments. From what you said I don't think you have worked long enough to collect on your account.

This is simply not true and is one of the inequities of SS in my oppinion. a Married spouse must wait till the other spouse files to collect spousal benefit but a DIVORCED spouse does not have to wait till the X files. [seems like a anti marriage penalty to me personally.]
But I agree the OP should wait as long as possible before filing to receive the highest benefit amount. It won't go up
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Old 01-05-2012, 11:37 AM
 
9,316 posts, read 16,622,517 times
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Quote:
Originally Posted by Curmudgeon View Post
And here I thought indentured servitude was abolished constitutionally.

Some things just aren't worth the price of admission. Nothing is worth selling your soul for.
Curmudgeon is absolutely right! Get a divorce and ask for alimony, or at least rehabilitative alimony.

Since it was a long term marriage, and you didn't work for most of it, you should be entitled to alimony, at least until you can collect SS.

It is my understanding that you cannot collect SS until he is collecting it. Your attorney should be able to advise you. You will be entitled to half the amount he is collecting.
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Old 01-05-2012, 11:45 AM
 
Location: Northern panhandle WV
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Quote:
Originally Posted by Ellwood View Post
Curmudgeon is absolutely right! Get a divorce and ask for alimony, or at least rehabilitative alimony.

Since it was a long term marriage, and you didn't work for most of it, you should be entitled to alimony, at least until you can collect SS.

It is my understanding that you cannot collect SS until he is collecting it. Your attorney should be able to advise you. You will be entitled to half the amount he is collecting.

Not true! Shea s a divorced spouse can collect without him having filed. Also she would only be entitled to 50% of his benefit based on her being at full retirement age. If she files before that age she gets a permanently reduced benifit, may be as low as 35% of his benefit, and if he were to file at say age 62, or at least before FRA then her benefit would be reduced further to the appropriate percentage of his reduced benefit.
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Old 01-05-2012, 12:56 PM
 
9,316 posts, read 16,622,517 times
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Originally Posted by arwenmark View Post
Not true! Shea s a divorced spouse can collect without him having filed. Also she would only be entitled to 50% of his benefit based on her being at full retirement age. If she files before that age she gets a permanently reduced benifit, may be as low as 35% of his benefit, and if he were to file at say age 62, or at least before FRA then her benefit would be reduced further to the appropriate percentage of his reduced benefit.
Get Help With Your Situation
You are correct, her spouse just has to be entitled to benefits, not collecting at the time.
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Old 01-05-2012, 07:53 PM
 
Location: Baltimore, MD
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OP's situation is tricky. That's why I asked for more info.

For example, she will be 62 in July. If married, she will only be able to collect early benefits if her spouse has applied for benefits. If she elects to wait until she is divorced - she will have to wait a full TWO years AFTER the divorce decree is signed before she can apply for benefits. In this scenario, she will be at least 64, if not 65, before she is eligible to apply for benefits (assuming he would be eligible for benefits at that time.)

However, there is more involved. Arguably, she should not have to take reduced Social Security benefits to survive. Depending on her state's actual practice regarding alimony, it would presumably be better to delay applying for retirement benefits such that a judge would not count the receipt of benefits against her in determining the amount of alimony she needs to provide for her living expenses post divorce.

This is just one example of why no one on this board (including me) cannot provide a thoughtful answer without more information.
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