Ask Larry

When I Reach Full Retirement Age Should I Withdraw My Own Benefit And Claim Benefits On My Ex-Husband's Record?

I am 65 and have been divorced for many years after a 20 year marriage. I believe it was at 62 that I went on social security disability. When I reach my full retirement age at 66 and x months do I withdraw my own benefit and claim a benefit on my ex husband's record? He made a lot more money than I ever did.

Thank you

Hi. My answer assumes that your ex-husband is living. You wouldn't want to withdraw your disability claim because you'd then be required to pay back all of the benefits that you've already been paid. What you could do instead is apply for an excess divorced spousal benefit to be paid in addition to your own benefit.

If you're eligible for excess divorced spousal benefits and if you claim them when you reach full retirement age (FRA), your excess divorced spousal rate would be calculated by subtracting your PIA from 50% of your ex's PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), or their full Social Security disability (SSDI) benefit rate. You could apply for an excess divorced spousal benefit prior to your FRA but your benefit rate would then be reduced for age. And, you can only qualify for excess divorced spousal benefits if your ex-spouse is either at least age 62 or he's drawing his Social Security benefits.

Best, Jerry

Posted: 
Mar 30 2021 - 10:11am
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