Ask Larry

Can I File For Divorced Spousal Benefits And Still Receive My SSD?

After 30 years of marriage my husband and I divorced He is age 68 and still working I am 65 and on SSD. Am I able to fill for divorced spousal benefits and still receive my SSD? I don’t plain on applying for Social Security until I'm 67.
Thank you

Hi,

I'm assuming that by 'SSD', you're referring to Social Security disability (SSDI) benefits. If that's true, then the only way you'd qualify for divorced spousal benefits while your ex-husband is living is if 50% of his primary insurance amount (PIA) is higher than your full SSDI 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 rate.

When you qualify for Social Security disability (SSDI) benefits, it's basically the same as being paid your full Social Security retirement benefit rate early. SSDI benefits automatically convert to regular Social Security retirement benefits at the same rate when you reach FRA.

If you do qualify for divorced spousal benefits, then the earliest that you could be eligible would be the earlier of a) when your ex-husband starts drawing his benefits, or b) 2 years after your divorce was final. And, if you qualify for divorced spousal benefits and you start drawing those benefits prior to FRA, your divorced spousal benefit rate will be reduced for age.

Best, Jerry

Posted: 
Jul 1 2020 - 9:37am
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