How Do I Claim Any Of My Ex-Husband's Social Security And Proceeds From The Sale Of His Business?

Jul 29 2020 - 11:01am

My ex went into his own automotive shop he is retireing in 3weeks I haven’t remarried. And I am on sis disability. He remarried he just sold his bessness and is retireing how do I clam any of this am I intitle to any of of his retirement and sis and the bessness he sold
Thank you
Kathy

Hi Kathy,

I can only answer questions about Social Security benefits. The only way that you could be eligible for divorced spousal benefits while your ex is living is if you a) were married to your ex for at least 10 years, b) you are currently at least age 62, c) your ex is either at least age 62 or drawing his Social Security benefits, and d) your own full Social Security disability (SSDI) benefit rate is less than 50% of your ex's primary insurance amount (PIA) (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). A person's PIA is equal to their full SSDI rate or their Social Security retirement benefit rate if they start drawing at full retirement age (FRA).

One other thing, if you do qualify for a divorced spousal benefit in addition to your SSDI benefits, your divorced spousal rate would be reduced for age if you claim the divorced spousal benefits prior to FRA.

Best, Jerry