Ask Larry

Shouldn't I Be Able To Get Divorced Spousal Benefits Sooner If I'm Disabled?

I was married for 23 years. I was diagnosed with Myasthenia Gravis during my marriage, but never applied for disability because my husband made a very good income. I have been divorced for 12 years, and have been living in poverty because I cannot work full time. After a three year battle, I was granted SSD last year, but it is only $182 a month because I didn’t work for 25 years of marriage. Shouldn’t I be able to get spousal benefits because I am disabled and it was his income I depended on all those years? I will be 59 next month. He is 56 today. I have never remarried. His full benefit will be $3000 a month.

Hi,

Sorry, but no. As long as your ex-husband is living, you couldn't qualify for divorced spousal benefits until a) you are at least age 62, and b) your ex is at least age 62 or is receiving disability benefits (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). This is true regardless of whether or not you are disabled.

Best, Jerry

Posted: 
Oct 23 2017 - 5:05am
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