Hello Larry,
My goal is to file and collect spousal 50% of my ex wife’s Social Security.
• I turn 66 in October and my ex-wife turns 62 in early October.
• I have not signed up for my Social Security and my goal is not to personally file until my 70th birthday.
• We were married 20 years and now divorced about 20 years.
• My ex has been on Social Security Disability for about six years. She believes she will be on disability for the rest of her life.
• I am hearing that at 62, she will automatically be moved off of SS Disability and onto full Social Security. IE…She will not receive a penalty for taking SS Disability before 62 years of age.
• During her working years she always made great money and tells me that she qualifies for the maximum SS payment.
• How do I determine her max SS or SSD amount?
• Do I have to wait the until I am 66 to receive these payments…or should I do this a few weeks earlier?
• Will my spousal benefit be 50% amount of her Social Security Disability or will it be 50% of her standard Social Security payment?
• Are there any of the Social Security 2,900 printable rules which I will have to bring with me to the SS office…as supporting documentation?
• I am apprehensive in goofing up this whole process. Especially making sure I do not sign up for my own benefits.
• Bill

Hi Bill,

Your ex-wife won't be moved off of Social Security because of turning age 62. Assuming that she continues to qualify for disability benefits her Social Security disability (SSDI) benefits will automatically convert to regular Social Security retirement benefits when she reaches her full retirement age (FRA).

There's probably no direct way for you to find out how much your ex-wife is receiving unless she tells you, but nonetheless it sounds like you meet the requirements to file a restricted application for just divorced spousal benefits effective with October if that's the month you reach FRA. By the way, the reason that you can claim benefits effective with October is due to the fact that your ex is receiving SSDI. If she wasn't drawing SSDI, your earliest possible month of divorced spousal entitlement would be the first month that your ex-wife is age 62 for a full month, which is apparently November.

You can apply for benefits up to 4 months in advance, so you don't have to wait until October to apply. Just be sure to choose the month you reach FRA as your month of election to start benefits, and review your copy of your application to make sure that it contains a statement showing that you aren't filing for your own retirement benefits. If you file in person the Social Security claims representative should add that statement for you. The only documentation that you'll definitely need to show Social Security is your divorce decree, although you might also need to submit your marriage certificate if your divorce decree doesn't show your date of marriage. It will also be helpful if you know your ex-wife's Social Security number.

Your divorced spousal benefit rate will be equal to 50% of your ex's primary insurance amount (PIA). A person's PIA is equal to their Social Security retirement benefit if they start drawing at FRA, but a person's full SSDI benefit rate is also equal to their PIA.

Best, Jerry