I am aware of the 10 year rule as to an ex-spouse's right to take the greater of either 1/2 of their exes SS entitlement or their own entitlement if they were married for 10 years. However, I am not entirely clear on the mechanisms with regard to same.
I currently have a client who is 11 months away from turning 62. Her husband's 1/2 entitlement will certainly exceed hers. He is not presently collecting Social Security because he is receiving Social Security Disability and he is younger than her.
When she turns 62, can she automatically apply for social security benefits under his 1/2 entitlement or does she have to wait until he turns 62? Does it matter whether or not the divorce is finalized before she turns 62 and applies for the benefits?
Thanks
Dave
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David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
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