I am on disability, my children receive benefits, my ex wife does as well. Social security agent told me she got caretaker benefits no spousal. I got divorced last year and was granted full custody of the children. I am now their representative payee. Does my ex wife continue receiving the money she got before? Or does she lose the benefits and the amount she was getting split and given to my 2 children?

Hi,

Your ex-wife wouldn't be eligible for benefits from your record unless she's at least age 62. That's would be true even if she had children in her care. If your ex is age 62 or older and receives divorced spousal benefits, her benefits would not count against the family maximum benefit (FMB) that can be paid from your record. Therefore, any benefits she's paid as a divorced spouse would have no effect on the benefit rate paid to your children.

If your wife was receiving child in care spousal benefits prior to your divorce, those benefits would count against the FMB and her benefits would end effective with the month of your divorce unless she's at least age 62. In that case, termination of the benefits your wife received prior to your divorce could cause your children's benefit rate to increase.

Best, Jerry