Ask Larry

Can I Claim Benefits On My Ex's Record Before He Retires?

My x and I were married for 13 years. He retired this coming year. I am on social security now. Can I claim his before he retires

Hi. If your divorce has been final for at least 2 years and if your ex-spouse is at least age 62, then yes (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). However, you'll only qualify for divorced spousal benefits if 50% of your ex's primary insurance amount (PIA) is more than your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

Best, Jerry

Posted: 
Aug 5 2022 - 11:09am
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