Does My Husband Have A Right To Any More Of My Payout?

Aug 2 2020 - 1:13pm

I am 63 in 2020 and my soon to be ex will be 61. We do not plan to file for SS benefits until full retirement age. Our current SS benefit payouts show I will receive $2000/month and he will receive $1500/month. As I have read and tried to understand on the SS website, he may file for half of the difference between our payouts (so $250) which the government will take care of. Is that correct as of now? Do he have a right to any more of my payout?


I think you must have misread something. Your husband/ex-husband couldn't qualify for spousal/divorced spousal benefits from your record unless 50% your primary insurance amount (PIA) is more than his 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).

It sounds like your husband's PIA is much higher than 50% of your PIA, in which case he would never be able to collect spousal/divorced spousal benefits from your record as long as you're living. Even if your husband could collect benefits from your record, though, it would have no adverse effect on your benefit rate. You and your husband may want to strongly consider using our software ( to fully analyze the options available to you in order to determine your best strategy for maximizing your benefits.

Best, Jerry