Skip to main content

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

Bakersfield, CA |
Filed under: Social security

I am disabled. He is living

Attorney Answers 2

Posted

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.

Mark as helpful

3 lawyers agree

Posted

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. You should consult an attorney with questions about your particular situation.

Mark as helpful

1 lawyer agrees

Social security topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics