Ask Larry

Could My Child And I Be Drawing Off Of My Ex-Spouse's Account?

I been disabled for over 20 years and receiving SSDI, on my account, my ex husband and I divorced almost 2 years ago and he’s still working at the age of 57 almost 32 years at this job. We have one minor child left at home That I have custody of age 16. Is there some benefits we could be drawing off of the ex spouses account we could be receiving and how do we go about it? Thanks

Hi. Your ex-spouse would have to either be deceased or drawing Social Security retirement or disability benefits in order for you or your child to potentially qualify for benefits from his account. If your ex dies or starts drawing his benefits, your child might be eligible for child benefits if he's under age 18, age 18 to 19 and still in high school, or if he becomes disabled prior to age 22.

Even if your ex dies or starts drawing his benefits, you could only qualify for benefits from his account if your divorced spousal or survivor benefit rate is higher than your own Social Security disability (SSDI) benefit rate. You'd also have to be either at least age 62 or have an eligible child in your care who's under age 16 or disabled in order to potentially qualify for divorced spousal benefits while your ex is still living.

Best, Jerry

Posted: 
Apr 11 2021 - 7:49pm
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