Ask Larry

Is It Possible For Me To Get The Same Benefit Amount As My Ex-Husband Is Receiving?

Hi Larry, I am divorced after 23 years of marriage. I started collecting SS last year when I turned 62, my ex just applied at aged 67 and is getting almost twice what I am, is it possible for me to get the same as he is at this point? I had heard that is possible. Btw his rate is based on MY earnings record as he has either been a c-corp or gotten 1099 for 40 years. Any clarification on this issue would be helpful, thank you! Deborah

Hi Deborah,

If your ex-husband is getting a benefit rate that's nearly twice as much as yours, then he can't be receiving benefits based on your earnings. The most that he could qualify as a divorced spouse on your record is 50% of your primary insurance amount (PIA). A person's PIA is equal to the amount of their Social Security retirement benefit if they start drawing at full retirement age (FRA).

The only way that you could qualify for benefits from your ex's record while he's living is if 50% of his PIA is higher than your PIA. You might want to check with Social Security to see if you could qualify for any divorced spousal benefits. If your ex-husband dies before you and you are at FRA or older at that time, you'd then be eligible for the higher of your own benefit rate or his full benefit rate.

Best, Jerry

Posted: 
Nov 6 2019 - 6:39pm
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