Ask Larry

Do I Qualify For My Ex-Husband's Income When I Turn 62?

If I’m on SSI and turn 62 in May and didn’t make enough income however I was marry for over 13 years and my ex husband had a large amount of income while we were married do I qualify for that income at 62

Hi. You might be eligible for divorced spousal benefits on your ex's Social Security account, but there's more required than just meeting the 10-year duration of marriage requirement. Assuming that your ex is still living, he would need to be at least age 62 or collecting Social Security retirement or disability benefits in order for you to potentially be eligible for divorced spousal benefits. Also, you'd need to be currently unmarried in order to be eligible.

If you are eligible for divorced spousal benefits and if you're drawing Supplemental Security Income (SSI) payments, then you'll be required to claim the divorced spousal benefits at age 62 even though your benefit rate will then be reduced for age. SSI is a needs based program, and one of the requirements for eligibility is that you must first apply for any other benefits for which you're eligible. Also, if and when you do start collecting divorced spousal benefits, those benefits will offset your SSI payments essentially dollar for dollar.

Best, Jerry

Posted: 
Jan 31 2022 - 2:11pm
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