When Can I Draw On My Ex-Husband?

Apr 14 2020 - 10:31am

I am have been divorce a few years.I was married for 15yrs.Iam 55 I am on ssi/disability when can I draw on my ex husband ssi.

Hi,

Supplemental Security Income (SSI) is a needs based benefit administered by Social Security, and it doesn't pay any benefits to family members or divorced spouses of the person receiving SSI.

However, if your ex-spouse is insured for Social Security benefits then you may be able to draw divorced spousal or survivor benefits on his account at some point. As long as your ex-husband is living, you could only qualify for divorced spousal benefits if you're at least age 62 and your ex's primary insurance amount (PIA) is more than twice as much as your PIA. A person's PIA is equal to the amount of their Social Security retirement benefit rate if they start drawing at full retirement age (FRA), or their full Social Security disability (SSDI) benefit rate.

If your ex-spouse dies, you could potentially qualify for disabled widow's benefits immediately since you're disabled and over age 50, but you'd only qualify if your ex's PIA is more than your SSDI rate.

Best, Jerry