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Can I collect higher SS disability benefits through my spouses higher earning record if I have been married for 4 years?

Los Angeles, CA |

I applied for social security disability and my estranged spouse earned more money than I, but because the marriage is only 4 years, will this make a difference? I have not filed divorce yet but plan on doing it.

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Attorney answers 3

Best Answer

Social Security disability benefits area available for 1) wage-earners; 2) children of deceased wage-earners; and widows. To qualify for benefits on the account of an ex-spouse, the marriage must have lasted at least ten years. Your present disability benefit will be based on your own earnings history.

Best wishes for an outcome your 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.


I agree with Attorney Sinclair. You were not married long enough to claim his higher earnings.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


Sorry, you were not married long enough. Ms. Sinclair is coorect.

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.