Can I collect higher SS disability benefits through my spouses higher earning record if I have been married for 4 years?

Asked about 1 year ago - Los Angeles, CA

I applied for social security disability and my estranged spouse earned more money than I, but because the marriage is only 4 years, will this make a difference? I have not filed divorce yet but plan on doing it.

Attorney answers (3)

  1. Paula Brown Sinclair

    Contributor Level 20

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    Best Answer
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    Answered . Social Security disability benefits area available for 1) wage-earners; 2) children of deceased wage-earners; and widows. To qualify for benefits on the account of an ex-spouse, the marriage must have lasted at least ten years. Your present disability benefit will be based on your own earnings history.

    Best wishes for an outcome your can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. David J. McCormick

    Contributor Level 20

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    Answered . I agree with Attorney Sinclair. You were not married long enough to claim his higher earnings.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  3. Clifford Michael Farrell

    Pro

    Contributor Level 19

    Answered . Sorry, you were not married long enough. Ms. Sinclair is coorect.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more

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