Ask Larry

Can I Collect My Younger Ex-Husband's Benefits?

Hub I just turned 62 my ex husband is 56 and is appliances for disability now but has not received an answer yet can I collect the amount his benefit would be if he was 62 he is 6years younger than me we were married 11 years and currently divorcedo for last 17 years

Hi. Your ex-husband would need to either be at least age 62 or drawing his Social Security retirement or disability (SSDI) benefits in order for you to potentially qualify for divorced spousal benefits. Therefore, unless your ex-husband is approved for SSDI benefits then you couldn't qualify for benefits from his account until he turns age 62 or dies.

Also, you would need to be at least age 62 and be unmarried in order to potentially qualify for divorced spousal benefits. Unreduced divorced spousal benefits are calculated based on 50% of the worker's primary insurance amount (PIA), but your benefit rate would be reduced for age if you start drawing prior to your full retirement age (FRA). Furthermore, you can't file for divorced spousal benefits unless you also apply for your own Social Security retirement benefits, and you can only be paid basically the higher of the two benefit rates.

Best, Jerry

Posted: 
Nov 8 2021 - 11:57am
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