I am on social security disability (55) divorced after 31 years. My ex is also on social security for his disability. I get much less to live on because of less credits for me being stay at home mother most of the time married. Can I collect on his benefits now or is it only after he passes?

Hi, No benefits can be paid to the divorced spouse of someone who's receiving Social Security retirement or disability benefits unless the divorced spouse is at least age 62. So, even though you're disabled the earliest that you might be eligible for divorced spousal benefits while your ex is living is when you reach age 62.

When you reach age 62, you could potentially qualify for divorced spousal benefits in addition to your Social Security disability (SSDI) benefits if your ex's primary insurance amount (PIA) is more than twice as much as your own PIA. However, if you claim divorced spousal benefits prior to your full retirement age (FRA) your divorced spousal amount will be reduced for age.

If your ex dies you would already be old enough to potentially qualify for disabled widow's benefits (DWB), and you could potentially qualify for those benefits as long as your ex's PIA is higher 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), or their full SSDI benefit rate.

Best, Jerry