HCBA Lawyer Magazine No. 33, Issue 2 | Page 49

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Marital & Family law Section
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until he turns 62 so that she can collect spousal benefits ! Tip : Your client can collect benefits on her ex ’ s record even if he has not started taking benefits for himself ! The ex ( and his current spouse ) are not penalized or consulted , no matter how many people collect on his record . Tip : If your client has multiple exes , she can choose on which ex ’ s record to collect , after satisfying the above conditions .
• Mistake # 3 : Missing out on the Widow ’ s Windfall … Even After Divorce ! Your client can potentially collect more as a widow — even if her ex dies after the divorce . depending on when your client collects , these benefits are between 71 % and 100 % of what the ex was receiving before he died . If he never claimed benefits , your client could receive up to 100 % of his full benefit ! The same conditions apply : the marriage lasted at least ten years , your client is age 62 or older , and your client is currently single ( or remarried after age 60 .) Tip : Your client can receive the divorced widow benefits , while allowing her own Social Security benefit to keep increasing each year until age 70 , then switch to the higher benefit ! When planning for retirement , refer your client to a financial advisor with experience in Social Security and other benefits . Such specialized expertise may find sudden money for your client , a bonus the client surely will not forget . n
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Throughout this article , “ your client ,” “ she ” or “ her ” represents the receiving spouse for simplicity .
Authors : Nicole Gehringer , Esq . – Harris Hunt & Derr , P . A . & Tina Tenret , CFP , CDFA – The Tenret Company
N O V - D E C 2 0 2 2 | H C B A L A W Y E R
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