General Question

CarolC's avatar

Social Security Disability?

Asked by CarolC (22points) January 4th, 2016

I am 58, female and am receiving SSDI. My ex-husband is 60 and is not on Social Security yet, but is talking about applying for SSDI. We were married for 11 years and have been divorced for 20. His income has been much higher than mine was. Can I get part of his SS benefits? I have never remarried.

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4 Answers

Hawaii_Jake's avatar

Call the Social Security Administration at 1–800-772–1213. They are very easy to talk to.

janbb's avatar

They are changing the rules about qualifications for divorced women and married women taking benefits from their husbands. I’m not sure of all the changes myself so you are better off speaking to someone. It has been that if you were married for 10 years before being divorced you could take ½ of his but you both had to be of qualifying age and there may have been other stipulations. You need to call or make an appointment in a SS office.

Coloma's avatar

I am not familiar with any changes at this time, however, as @janbb mentioned the way it has been is, in order to collect, the marriage must have lasted 10 years minimum to be considered long term and, while whomever has the most credits can collect half of the other spouses benefit, if you take it at the earliest age possible, age 62, you forfeit another 30% for penalties in taking the benefit prior to the qualifying full age required.
You need to go to the S.S. website or contact your local S.S. office for the current guidelines.

YARNLADY's avatar

Be aware that if you are eligible for benefits under you husbands account, your payments will not affect his at all. Some people seem to believe that a spouse will be taking another spouse’s benefits. Each spouse will continue to receive their full benefits, but the amount might change based on the highest earner.

The rules can be changed by congress at any time, but the last I heard, the benefits of the lowest earning spouse can be calculated based on the highest earning spouse, if they were married for at least 10 years, even after they are divorced.

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