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Can my husband draw off of my social security

Seattle, WA |

My husband has never paid into social security but i have paid up to the maxium every year for the last 10years+. He will turn 62 in February and i wanted to know if he could draw off of my social security if i am not drawing until i am 65 years old?

Attorney Answers 1


  1. * As a spouse, you can claim a social security benefit based on your own earnings record, or you can collect a spousal benefit that will provide you 50% of the amount of your spouse’s social security benefit.
    * You are automatically entitled to receive the benefit that provides you the higher monthly amount; either a benefit based on your own earnings, or the spousal benefit, and prior to reaching full retirement age, social security makes this determination for you.
    * After you reach full retirement age, you can choose to receive only the spouse’s benefit, and delay receiving your retirement benefits until a later date, allowing you to receive a higher benefit later based on the effect of delayed retirement credits.
    * You must be age 62 to qualify for either type of social security benefit.

    * You cannot collect a spousal benefit until your spouse files for their own benefit.

    THUS YOUR HUSBAND CANNOT QUALIFY UNTIL YOU QUALIFY.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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