I am 59 and disabled due to a stroke. I can't draw SS because I have not worked for 3 of the last 5 years. I am thinking about divorcing my current spouse so I can draw benefits from my late husband. Would it be better to stay married to my husband of 7 years and eventually draw off of him?

Hi. Just to clarify, to be insured for Social Security disability (SSDI) benefits you must have 20 quarters (QC) of Social Security coverage within the 40 quarter period ending with when you became disabled. In other words, the equivalent of 5 years of credits within the 10 year period leading up to the start of your disability. I have no way of knowing whether or not you meet that requirement, though.

To potentially qualify for disabled widow's benefits (DWB) you must be unmarried, or if married you must have married after reaching age 60 of after qualifying for DWB. Even if you get divorced, though, you could only qualify for DWB if you became disabled within 7 years of the later of your husband's death or the end of your entitlement to child in care mother's benefits. Even if you didn't qualify for DWB due to the 7 year requirement, though, you could potentially qualify for regular reduced widow's benefits as early as age 60 if you got divorced.

I can't tell you whether or not getting divorced would make financial sense without knowing your potential benefit rates on each husband's account. One thing I can tell you is that if you divorce your current husband before your marriage has lasted for 10 years, you'd never be able to qualify for divorced spousal or survivor benefits from his account. Getting a divorce can have also have other unintended consequences, so you should think about much more than just Social Security benefits before considering such a step.

Best, Jerry