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

    3

    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

    Pro

    Contributor Level 12

    1

    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

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