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Can I Stop My Benefits And Draw Off Of My Ex-Husband Instead?

I looked into ssi at 66 years. My ex husband of 21 years retired at 62. My ssi was higher since he retired at 62. Now he has gone back to work and has been paying into his ssi Could I look at his ssi six years later draw off of his and stop mine. Or do I wait until he is dead then go to ssi and inquire

Hi. By 'SSI' I assume you're referring to Social Security and not Supplemental Security Income. The only way that you could stop your own benefits and draw divorced spousal benefits instead is if a) you were born prior to January 2 1954, and b) if you withdraw the application you filed to start your own benefits. You would only be allowed to withdraw your application, though, if you started drawing your benefits within the last 12 months. And, you'd have to repay all of the benefits you've collected so far in order to be able to withdraw your claim (https://www.ssa.gov/benefits/retirement/planner/withdrawal.html).

You can't simply suspend your own benefits and draw divorced spousal benefits instead. Once you start drawing your own benefits, the only way that you can collect additional benefits from an ex-spouse's record while your ex-spouse is living is if the ex-spouse's primary insurance amount (PIA) is more than twice as much as 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).

So, you can apply for divorced spousal benefits now while your ex is living, but your claim will be disallowed unless 50% of your ex's PIA is more than your own PIA. But, if your ex-spouse dies before you, you could potentially qualify for survivor benefits if your ex's full benefit amount is more than your own benefit rate.

Best, Jerry

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Posted: 
Oct 23 2022 - 6:23pm
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