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Will My Ex-Spouse Ever Be Entitled To My Social Security Benefits?

An ex spouse collects social security disability under his own name. He’s collected it for years. I was married for 10.5 years. I divorced him. I have always worked and paid the IRS but not him. It Was a bad relationship that hung on for 10 years. If I take my social security at 62 will he ever ever in his lifetime be entitled to my social security benefits.

Hi,

Your ex could never claim your actual Social Security benefits, but if both of you are at least age 62 and if he's unmarried then he could potentially qualify for divorced spousal benefits from your record. He could only qualify, though, if your primary insurance amount (PIA) is more than twice as much as his own 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. Even if your ex-spouse is able to claim benefits from your record, though, it would have no adverse effect on your benefit rate nor the benefit rate(s) of anyone else who's getting benefits based on your earnings.

If you die before your ex, then he could potentially qualify for survivor benefits from your account if your full benefit rate is higher than his own rate. Again, though, that wouldn't adversely affect any other survivors who are getting benefits from your record.

Best, Jerry

Posted: 
Aug 8 2020 - 9:59am
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