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?

Asked about 2 years ago - Birmingham, AL

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?

Attorney answers (3)

  1. Kelie Cummins Schneider

    Contributor Level 10

    6

    Lawyers agree

    Answered . 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...

    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!
    --------------------------------------------------------------------
    Please remember to designate the best answer.

    This answer contains general information only; and it is not intended as legal advice. It is not intended to and... more
  2. Brian S Wayson

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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,... more
  3. Clifford Michael Farrell

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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... more

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

Get free answers from experienced attorneys.

 

Ask now

25,964 answers this week

2,769 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

25,964 answers this week

2,769 attorneys answering