Can I File For Disability Benefits Based On My Ex-Spouse's Social Security?

Jun 26 2018 - 9:56am

I was married for 15 plus years and did not work. I was divorced about 14 months ago. I am 45 years of age and have now looks like I have come to be completely disableabled with severe Lupus and Heart issues. Can I file for disabilty Social Security based on my ex-spouse's Social Security?

Hi,

No, at least not while your ex is living. Unless your ex is receiving benefits and you have an eligible child of theirs in your care, the earliest that you could be eligible for divorced spousal benefits on a living ex-spouse's record is at age 62 (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). However, if you're ex dies you could potentially qualify for disabled survivor benefits as early as age 50 (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html).

Best, Jerry