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I am 59 years old and collect SSDI,can I also collect SS from my ex-husband since we had been married for 15 years?

Birmingham, AL |
Filed under: Social security

I've been disable for 3 years,in which, I collect SSDI. My ex-husband is retired,64 years old, and remarried, can I collect SS from him?

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Attorney answers 3

Posted

Yes, when and if you meet the following requirements:
•You are unmarried;
•You are age 62 or older;
•Your ex-spouse is entitled to Social Security retirement or disability benefits and
•The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.
You can get more information here: http://www.socialsecurity.gov/retire2/divspouse.htm

When you recieve SSD benefits, your benefits switch over to a different fund when you reach retirement age. You current SSD benefits represent the amount that you'd recieve at full retirment age.

Social Security will give you the amount that is higher between your retirment benefits and your ex-husband's benefits, once you reach retirment age.

Good Luck!
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This answer contains general information only; and it is not intended as legal advice. It is not intended to and does not create an attorney client relationship. Information contained here is only a starting point and you should consider discussing your specific problem in depth with a licensed attorney.

Posted

No you cannot. You might be able to collect your own ex-spouse benefit based on his earnings record, but you cannot do that until you are 62 years of age, you must be unmarried and your ex-spouse benefit amount must be greater than the amount you could collect on your own earnings history.

For Social Security benefits purposes, a divorced spouse can collect benefits on the account of the ex-spouse. At most, your benefit will be 50% of what your ex-spouse would receive at their full retirement age, if this amount is larger than what you could receive based on your own work record.

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried). You must also meet the following criteria: You are currently unmarried and you are at least age 62.

(There are exceptions to the criteria above if your ex-spouse is deceased.)

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

Asker

Posted

Can an ex insist you take social security at age 62? The benefit would be higher at age 70!

Brian S Wayson

Brian S Wayson

Posted

No, I do not think an ex can require you to do that.

Posted

My colleagues are corrrect. You need to be 62; or age 60 and a widow. SInce he is remarried you need to be 62 before you are eligible,

Best of luck to you.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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