Hi Larry im turning 60 in August. My X husband turns 62 this October I have not remarried but he has my question is when he starts collecting at age 62 can I collect off of his social security I am collecting Social Security Disability at this time. We were married for 16 years. Thank you Lori

Hi Lori,

No, the earliest that you could potentially claim divorced spousal benefits is when you reach age 62, and you'll only qualify if 50% of your ex's primary insurance amount (PIA) is more than your full Social Security disability (SSDI) benefit rate. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing at full retirement age (FRA), or their full SSDI benefit rate.

If you do qualify for divorced spousal benefits and you file for them at age 62, your divorced spousal rate will be reduced for age. If you instead wait until FRA to file, your unreduced divorced spousal rate would be equal to the difference between your own PIA and 50% of your ex's PIA. Assuming that amount is positive, it would then be paid in addition to your SSDI benefits.

Best, Jerry