Ask Larry

Can I Collect On My Ex-Husband's SS Before Age 62 Due To Disability?

I am currently collecting SSDI..i am 60. Can i collect on my ex husband SS before 62 yrs of age due to my disability ? We were married 20 yrs..divorced for 19

Hi,

No, not if your ex is still living. You must be at least age 62 to be eligible for divorced spousal benefits on a living ex's record, regardless of whether or not you're disabled. And, if you qualify for and start drawing divorced spousal benefits prior to your full retirement age (FRA) your benefit rate will be reduced for age even if you're disabled.

Also, in order to qualify for divorced spousal benefits your ex's primary insurance amount (PIA) must be more than twice as much as your PIA. A person's PIA is the equivalent of their full retirement age rate, or full disability (SSDI) benefit rate. You must also be unmarried and your ex must be at least age 62 or drawing benefits in order for you to be eligible for divorced spousal benefits, even after you reach age 62 (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

Best, Jerry

Posted: 
Apr 14 2019 - 2:45pm
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