Would I Be Eligible For Divorced Spousal Benefits If I Get Divorced?

Feb 24 2017 - 7:00am

I am 58 and receiving social security disability on my own record. My husband whom I was married to for 13 years is only 53 has now started collecting ssdi on his own record which he receives quit a bit more than me. I remarried at age 52 but have been separated from my second husband for 6 years. If I were to divorce my second husband could I draw on my first husbands record and If so would I get the full amount my first husband is getting and mine as well? How does that work?

Hi,

Even if you get divorced, you couldn't receive divorced spousal benefits until you are at least age 62. And, even then, you would only be eligible for additional benefits if 50% of your ex-husband's disability rate is higher than your own disability rate. You could essentially be eligible for the higher of 50% of his rate or your own rate, but not both. But, if you started drawing at age 62 as opposed to full retirement age, your divorced spousal benefits would be reduced by about 33%.

Best, Jerry