I am currently 61 and on SDDI. I will be 62 in July. I divorced after 14 years married and never re-married. can i collect against my ex-husbands SS when he turns 62 in March? Also can I get any type of support or assistance foe out 100% disabled son that he does nothing for and rarely visits him?

Hi,

It sounds like you might qualify for divorced spousal benefits as early as when both you and your spouse are at least age 62, but only if 50% of your ex-husband's primary insurance amount (PIA) is higher than your PIA. A person's PIA is equal to the amount of their Social Security retirement benefit if they start drawing at full retirement age (FRA), or the full amount of their Social Security disability (SSDI) benefit.

However, if you file for divorced spousal benefits prior to FRA your benefit rate will be reduced for age. For example, say Amy is drawing an SSDI benefit of $800. When Amy turns age 62 in 2020, she applies for divorced spousal benefits. Amy's ex-husband is over age 62 and his PIA is $2000. Amy's unreduced divorced spousal rate would then be calculated by subtracting her PIA from 50% of her ex's PIA, which in Amy's case is $200 (i.e. $2000/2 - $800). However, since Amy is choosing to start drawing her divorced spousal benefits at age 62, her divorced spousal rate is reduced to $134.

If your son is under age 18 or if his disability began prior to age 22, then he might already qualify for child's benefits on your SSDI record. If you haven't already done so, it sounds like you should probably check with Social Security to see if that's possible. Your son's father would need to either be deceased or drawing his Social Security benefits in order for your son to potentially qualify for child's benefits on his father's account.

Best, Jerry