Ask Larry

Can I Collect On My Husband's Retirement Even Though I Received SSDI?

I started receiving SSDI benefits at age 58; I am now 67 and retired. My husband, who I am in the process of divorcing after 15 years, just retired at age 66. Can I collect on his retirement even though I received SSDI benefits? I was told by a financial advisor that I cannot unless he dies. Please confirm. Thank you.

Hi,

Assuming that your Social Security disability benefits (SSDI) have now been converted to Social Security retirement benefits, you could only receive additional spousal benefits from your spouse/ex-spouse while he's living if 50% of his full retirement age rate (PIA) is higher than your own full rate. If your spouse/ex-spouse dies before you and his full rate is higher than yours, you would then probably be eligible for survivor benefits. In that event you would likely be eligible for the higher of his full benefit rate or your own, but not both.

Best, Jerry

Posted: 
Jun 7 2018 - 10:09am
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