Ask Larry

Can I Draw Half Of My Ex's Amount Too?

I was married in Misdouti 13 years . Divorced. I was married I'm Texas 9 yrs 9 months. I draw $798 on me. My ex drsys about $1800
...can I draw half if his too or do I have to wait till he dies?

Hi. You can't be paid a full divorced spousal benefit and your own benefit at the same time. The most that you could be paid is essentially the higher of the 2 rates. You couldn't qualify for divorced spousal benefits on the record of the spouse to whom you were married for less than 10 years, and the only way that you might qualify for divorced spousal benefits from the other ex-spouse's record during his lifetime is if 50% of his 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).

I can't tell you whether or not you might qualify for divorced spousal benefits without knowing your age, and the age at which you and your ex-spouse started drawing your benefits. You may want to contact Social Security to at least check on your options with regard to divorced spousal benefits.

Best, Jerry

Jun 7 2021 - 6:46am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.