Can I collect SS from my ex husband if I am on SS disability. He is retirement age I am 59. Married more than 10 years

Asked almost 2 years ago - Bakersfield, CA

I am disabled. He is living

Attorney answers (2)

  1. Paula Brown Sinclair

    Contributor Level 20


    Lawyers agree

    Answered . Probably not, at least at this time. To qualify for retirement benefits on the account of an ex-spouse, the applicant must be 62 or older and not remarried. When that eligibility is established the dollar amount for retirement on the account of the ex-spouse is compared to the present disability benefit, and the higher is awarded. You would not receive both.

    Best wishes for an outcome you 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. Dennis Alan Palso


    Contributor Level 12


    Lawyer agrees

    Answered . I do not have much to add to the excellent succinct answer by Ms. Sinclair, but you should check with a Social Security office when you turn 62 to see which benefit is greater.

    Disclaimer: the above does not constitute legal advice and is only an opinion of the author as to current law.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

27,438 answers this week

2,850 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,438 answers this week

2,850 attorneys answering