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Will I Be Able To Collect On My Ex-Husband's Record When I Reach Age 62?

I am on SSDI and have been for several years. I am about to turn 62 in July 2021. I was married to my now X Husband for 13 years. Will I be able to collect on his social security. If so what do I have to do to get it. Thank you so much for your time. Sincerely S.Jean

Hi S.Jean,

My answer assumes that your ex-husband is living. It sounds like you may be able to qualify for divorced spousal benefits as early as age 62 provided that you aren't currently married, but only if 50% of your ex-husband's primary insurance amount (PIA) is more than your PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), or their full Social Security disability (SSDI) benefit rate.

Also, you couldn't qualify for divorced spousal benefits at least until your ex-spouse is either drawing his benefits or he's at least age 62. And, if you are eligible for divorced spousal benefits and if you start drawing those benefits prior to your full retirement age (FRA), your divorced spousal rate will be reduced for age. You may want to call Social Security to determine if and when you may qualify for divorced spousal benefits.

If your ex is deceased, you could potentially qualify for survivor benefits if your ex's benefit rate is higher than your SSDI rate. But in order to potentially qualify for survivor benefits you would either need to be unmarried, or if married you married after reaching age 60.

Best. Jerry

Posted: 
Feb 9 2021 - 11:27am
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