I am retired I get $976 per month I was married to my ex 15 years he makes very good money and is about to retire would I be better off to keep what I'm getting or go with getting spousal benefits from him I'm not married he is?

Hi,

I assume you mean that your Social Security retirement benefit is $976. You can apply for divorced spousal benefits, but you'll only qualify if 50% of your ex-husband's primary insurance amount (PIA) is higher than your own 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).

If 50% of your ex's PIA is more than your PIA and if you're eligible for divorced spousal benefits, then you wouldn't give up your own benefit to get the divorced spousal benefit. Instead, Social Security would continue to pay you your own benefits plus a partial, or excess, divorced spousal benefit. The two benefits would basically just add up to the higher divorced spousal rate. Also, you don't need to wait until your ex starts drawing in order to claim divorced spousal benefits, provided that your divorce has been final for at least 2 years and your ex is at least age 62 (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

Best, Jerry