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Am I Entitled To Any Back Pay From When My Ex And I Were Still Married?

My ex husband filed for social security disability while we were still married. We divorced 3 yrs after he filed. He was recently awarded his disability and received a back pay. Am I entitled to any of the back pay that covers the time we were still married?

Hi,

I'm not a lawyer, so I can only address the Social Security aspects of your question. The only way that you could be due back pay from Social Security is if you qualify for spousal and or divorced benefits on your ex-husband's record. And for that to be possible, you'd either need to be at least age 62 or have a child in your care who's eligible for child benefits on your ex's record. Also, if you're under age 62 and qualify on the basis of having a child in care, your potential entitlement would end with the month of your divorce.

If you think that you may be eligible for either spousal (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html) or divorced spousal (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html) benefits, you'll probably want check with Social Security as soon as possible.

Best, Jerry

Category: 
Posted: 
May 26 2018 - 10:44am
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