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Bucked
New Member

Exes Social Security

I am a retired federal employee and this get a pension which my ex gets a portion. She receives social security, am

I able to apply for social security benefits based on her SS earnings?

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2 Replies
kthomasusa1
Expert Alumni

Exes Social Security

Hello, my rule of thumb is ALWAYS apply for social security and let them figure out if you are entitled to it. There are a number of factors that go into the fact pattern you described, and since there are a few other factors that determine this, you are best to apply and let SSA determine the result. And if you don't like the outcome, ask them for a clear explanation why you didn't get the outcome you desired.

 

Kelly C, CPA

Cindy4
Employee Tax Expert

Exes Social Security

Hi Bucked!

 

There are certain requirements to claim spousal benefits for social security.  The short answer based on the information you've provided may be no, if you're earnings were higher.

Here is some additional information with

"When a worker files for retirement benefits, the worker's spouse may be eligible for a benefit based on the worker's earnings. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care. By a qualifying child, we mean a child who is under age 16 or who receives Social Security disability benefits.

The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit. However, if a spouse is caring for a qualifying child, the spousal benefit is not reduced.

If a spouse is eligible for a retirement benefit based on his or her own earnings, and if that benefit is higher than the spousal benefit, then we pay the retirement benefit. Otherwise we pay the spousal benefit."

From:  https://www.ssa.gov/oact/quickcalc/spouse.html#:~:text=When%20a%20worker%20files%20for,child%20in%20....

 

Best wishes!

Cindy

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