Ask Larry

Divorced Spousal Benefits

When Would I Be Eligible For Divorced Spousal Benefits?

I am 58 yrs old and I am on SSD. My ex-husband is 70 and planning on retiring from the State Patrol this year. He is on the top tier maxed out on his earnings at the State Patrol. We were married for 17 years before we got a divorce in 2000. I have not remarried since. Can I receive a part of his Social Security Retirement now to increase my SSD benefits or do I have to wait till I am 62. Thank you


Saturday, January 7, 2017 - 08:15

Will My Sister Be Eligible For Divorced Spousal Benefits?

My sister in Nebraska has been receiving Social Security disability payments for several decades. Her disability amount is more than her retirement amount would have been since she was disabled relatively young. I believe her SSDI is currently somewhere around $1,600/mo. or so. She was also married to a man for more than 10 years who earned much more than she did for a much longer period of time. They have been divorced for more than a decade. She has never remarried and has difficulty making ends meet as SSDI is her only income. She turned 62 in April 2016.

Friday, January 6, 2017 - 05:30

Can I Receive A Larger Amount On My Ex-Husband's Record?

I am 70 and collect social security. I was told I am eligible to reapply and use my ex husbands since I would receive a larger amount. Is that correct?


Possibly. If he's living, you'd only be eligible for additional benefits on your ex-husband's record if half of his full retirement age rate is larger than your own. If he's deceased, you could be eligible for additional benefits if his full rate is higher than your own. You could certainly file an application and find out.

Best, Jerry

Friday, December 30, 2016 - 12:00

What Is The Best Way For Me To File?

I was married for more than ten years and divorced for 16 years. I was born on December 31, 1954. Because I cannot file for a divorced spousal benefit at age 66 and let my own retirement grow until age 70 (which had been my plan), I am confused about how to file. I am hoping to wait until age 70 to do so. Regardless, what is the best way for me to file? It seems from reading your responses, there is a possiblity sometimes of a divorced benefit. My ex husband earns a higher income.
Thank you. Elizabeth

Hi Elizabeth,

Friday, December 30, 2016 - 11:00

Can My Ex-Husband Draw Divorced Spousal Benefits On My Record If He's Remarried?

My ex-husband (b. 12/23/52) and I (b. 2/10/52) were married for 25 years, divorced 12 years ago. He remarried at age 62.

Is he eligible to draw divorced spousal benefits on my record since he was older than 60 at remarriage?

I plan to draw on his record when I reach FRA, and delay taking my own SS till age 70. Only fair for him to do same if he qualifies.


Hi Lissa,

No, your husband can't qualify for divorced spousal benefits on your record as long as he is remarried to someone else.

Thursday, December 15, 2016 - 12:15

Is There Any Way To Find Out How Much I Can Get On My Ex-Husband's Record?

Is there any way I can find out about my ex-husband's benefits if we are not on speaking terms? I am the right age to collect on his benefits until age 70 and then take my own. I am trying to calculate my various options (he will only be 64 in January 2017, and I will turn 65 in May), but from what I understand, the social security administration will not provide me with any details about his benefits unless I apply.


Thursday, December 8, 2016 - 12:15
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