Ask Larry

Am I Eligible For Divorced Spousal Benefits?

Hi,

I worked for 38 years, then became disabled at 52. I applied for and began receiving disability beneifts then. I was married once for 17 years and my ex-spouse made more than I did and still does (she's still working and is 63). My disability was switched to regular Social Security this past September when I reached FRA (66). I have contacted Social Security via the phone to ask that I be considered/file for spousal benfits, which I believe would increase the amount I currently receive. I am waiting to hear from them. Is my assumption correct, if in fact, she is entitled to the maximum amount Social Security allows or whatever amount over what I currently receive?

Thanks.

Hi,

In order to be eligible for divorced spousal benefits, your ex's full retirement age benefit amount (PIA) would have to be more than twice as much as your own full benefit rate. If it is, you could receive an excess divorced spousal benefit equal to the difference between 50% of her PIA and your own PIA, provided that you meet the other requirements for entitlement (https://www.ssa.gov/planners/retire/yourdivspouse.html).

If your ex dies before you, you could be eligible for the higher of her full benefit rate or your own. So, it's possible that you may qualify for benefits on her record in the future even if you aren't currently eligible.

Best, Jerry

Posted: 
Nov 18 2016 - 5:45pm
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