Ask Larry

Is There Any Way That I Can Collect From My Ex-Wife's Record Before She Turns Age 62?

Hi! I am 62 this March 15th! My Ex-wife is 53 today Feb. 7th! Married from Sept. 18th/1993--Dec.18th 2014! Married in Ontario, Canada and Divorced in Michigan. I know I can collect eventually as I have friends who have done this before! She started to work in Michigan in 2001 and is still working and living in the US since then! Is there any way I can collect before I'm 71 and she is 62??

Hi,

The answer's no, unless your ex-wife becomes entitled to Social Security disability (SSDI) benefits. Otherwise, you couldn't qualify for divorced spousal benefits on her record until she reaches age 62.

You could, of course, file for your own Social Security retirement benefits as early as age 62 if you have enough work credits to qualify. If you do qualify for benefits on your own record, though, the only way that you could also receive divorced spousal benefits while your ex is living is if 50% of her primary insurance amount (PIA) is higher than your PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing at full retirement age.

Best, Jerry

Posted: 
Feb 7 2020 - 12:44pm
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