Ask Larry

Am I Entitled To My Ex-Spouse's Social Security Benefits In Addition To My SSDI?

I collect SSDI. I was married 20yrs. Am I entitled to my exspoue’s social security benefits?

Hi,

If your ex-spouse is living, you could potentially qualify for divorced spousal benefits in addition to your Social Security disability benefit (SSDI) at some point in time, but only if 50% of your ex's primary insurance amount (PIA) is more than your full SSDI rate. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), or their full SSDI rate. Additionally, in order to qualify for divorced spousal benefits you'd need to be unmarried and be either at least age 62 or have a child who is under age 16 or disabled in your care who qualifies for benefits on your ex's Social Security record, and your ex would need to be at least age 62 or drawing his or her benefits (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

If your ex-spouse is deceased you could potentially be eligible for disabled surviving divorced spousal benefits as early as age 50, but only if you're unmarried and your ex's PIA (or PIA + delayed retirement credits if he or she didn't start drawing benefits until after FRA) is higher than your full SSDI rate. To be eligible for survivor benefits prior to age 50 you would need to be unmarried and have a child in your care who qualifies for benefits on your ex's Social Security record and who is who is either under age 16 or disabled.

Best, Jerry

Posted: 
Nov 26 2020 - 9:46am
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