Will I Be Able To Collect On My Ex-Husband's Record After Our Divorce?

Jan 16 2018 - 10:01am

Hi. I am 62 and on SSDI for 2 years. I am soon to be divorced and my soon to be ex husband is 66 and collects SS. His benefit is significantly more than mine. Will I be able to collect on his SS after our divorce so as to increase my monthly payment amount?

Thank you!

Hi,

You could potentially be eligible for spousal benefits even now, but only if your husband's full retirement age rate (PIA) is more than twice as much as your PIA. Your PIA would be the equivalent of your full SSDI rate. The same would apply with regard to divorced spousal benefits after you are divorced.

However, if you are eligible for spousal and/or divorced spousal benefits and you start drawing them before your full retirement age, your spousal/divorced spousal rate will be reduced for age. For example: Betty receives SSDI benefits in the amount of $800 per month. When Betty turns age 62 she files for spousal benefits on her husband's record. Betty's husband's PIA is $2000, so Betty's unreduced spousal benefit is calculated by subtracting her PIA from 50% of her husband's PIA, which in this case is $200 (i.e. $2000/2 - $800). However, since Betty is only age 62 when she chooses to start drawing the spousal benefit, her rate is reduced by roughly 30.5% to $139 per month, which would be paid in addition to her full SSDI benefit.

Best, Jerry