Ask Larry

Can I Receive Divorced Spousal Benefits?

I am 65(3-31-51)and have been on social security disability for 8 years. I was married for 18 years my ex(9-3-51) is drawing social security and made more than I did. Can I change to her record when she reaches 66 and get the same amount as she does.

Hi,

Divorced spousal benefits on the account of a living ex-spouse can never exceed 50% of the ex-spouse's full retirement age benefit amount (PIA). So, as long as your ex-wife is alive, you would not be eligible for benefits on her record unless one-half of her PIA is more than your own disability benefit amount.

If your ex dies before you and you remain unmarried, you may qualify for a surviving divorced husband's benefit, but only if the rate payable on her account is higher than your own. That would depend partially on when she began taking her retirement benefits, as well as your benefit rate in comparison to hers, so I really can't give you a yes or no answer.

If you think you may be eligible for benefits on your ex-wife's account either now or in the future, the best way to find out is to contact Social Security. They have access to the records needed to make a determination of your eligibility.

Best, Jerry

Posted: 
Oct 23 2016 - 7:30pm
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