Ask Larry

Could I Get A Benefit From My Husband From Whom I'm Separated?

I am deaf and have two grown children with their hearing father. But we are separated over 20 years. I wanted a divorce and he refused to sign. I work full time job at school but never enough. Wonder can I get a benefit from him? I don't know if he has his own benefits. I know he has some blinds in his eyes I wasn't sure if he is getting benefits for that or maybe none. But me?? Get benefits from him? No? Please let me know thank you.

Hi,

If you're still married to your husband then the only way you could qualify for spousal benefits is if he's drawing his benefits. And, you'd need to either be at least age 62 or have an eligible child in your care who is either under age 16 or disabled (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html).

You might qualify for Social Security disability (SSDI) benefits based on your own work record if you aren't earning an average of more than $1,260 per month and if you're insured for benefits. If you've been working fairly steadily and paying Social Security taxes then you'd probably meet the insured status requirement (https://www.ssa.gov/planners/disability/qualify.html#anchor1). Or, if you're at least age 62 you may qualify for Social Security retirement benefits based on your own work record.

If you think that you may qualify for benefits you can check with Social Security and/or file an application. You may also want to use our software (https://maximizemysocialsecurity.com/purchase) to fully explore all of your filing options so that you can determine what benefits you may qualify for, and to determine your best strategy for maximizing your benefits.

Best, Jerry

Category: 
Posted: 
Feb 15 2020 - 8:08am
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