Ask Larry

Am I Eligible To Receive Benefits From My Ex-Husband's Record?

Hi Larry. I am currently recieving disability benefits. I am 60. Ok, with that being said, i would like to know if i am eligible to recieve benefits from my ex husbands record? He is currently still working. We were married over 10 years.
Thank you

Hi,

The earliest that you could claim divorced spousal benefits on the record of a living ex-spouse is at age 62, and you would only be eligible for additional divorced spousal benefits if 50% of your ex's primary insurance amount (PIA) is higher than your Social Security disability (SSDI) benefit rate. A person's PIA is the amount that they would receive if they start drawing their Social Security retirement benefits at their full retirement age (FRA). Also, the benefit rate payable to SSDI recipients is the same as their PIA, assuming that they didn't receive reduced Social Security retirement benefits prior to drawing SSDI.

You can't qualify for divorced spousal benefits on a living ex's record prior to age 62 even if you're disabled. And, if you do qualify for divorced spousal benefits in addition to your SSDI, your divorced spousal rate will be reduced for age if you claim those benefits prior to FRA. The reduction percentage would amount to roughly 34% if you start drawing divorced spousal benefits at age 62, assuming that you qualify for them.

Best, Jerry

Posted: 
Jun 19 2019 - 7:39pm
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