Can I claim Social Security benefits from ex-spouse's record while on SSDI at 61?
Hello everyone, I've got a confusing situation and could really use some help figuring out my options. I've been on SSDI since 2016 after developing rheumatoid arthritis and several complications that left me unable to work. My current benefit is about $1,650 monthly. Here's where it gets complicated: My first husband passed away in 2008. I remarried in 2012 to a man who started collecting his full retirement at his FRA in 2022. We divorced last September (2024) after 12 years of marriage. I'm currently 61 years old. I'm wondering if I'm eligible to collect any benefits based on my second ex-husband's Social Security record while still receiving my disability? Or would I be better off looking at survivor benefits from my first husband? I've tried calling SSA several times but can't get through to anyone who can explain my options clearly. Does the length of the second marriage (12 years) matter? And does being on disability affect what I can claim from either husband's record? I'm so confused about what I might be entitled to.
16 comments
Chloe Zhang
You definitely have some options here, but it's a bit complex. Since you were married to your second husband for more than 10 years before divorcing, you could potentially qualify for divorced spouse benefits on his record. However, because you're receiving SSDI, there are special considerations. SSA will pay you whichever benefit is higher - your own disability benefit or the spousal/divorced spouse benefit. They won't pay both. If your ex-husband's benefit would give you more than your current SSDI, you could receive a combination that equals the higher amount. As for survivor benefits from your first husband, you generally can't receive those if you remarried before age 60, unless that marriage ended (by death or divorce). Since your second marriage ended and you're over 60 now, you might be eligible for survivor benefits from your first husband if that would be higher than your current benefit. I recommend creating a my Social Security account online and checking your benefit estimates, then scheduling an appointment with SSA to review all your options.
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Sophia Carter
•Thank you so much for explaining this! I do have a my Social Security account but it doesn't show any estimates for benefits from either husband's record. I've been trying to call SSA for weeks but either get disconnected or told the wait time is over 2 hours. Is there a better way to reach them? I feel like I need to speak with someone who can look at my specific situation.
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Brandon Parker
I was in a somewhat similar situation last year. Divorced after 11 years, on SSDI, and trying to figure out if I could get higher benefits from my ex's record. Let me save you HOURS of frustration - try Claimyr (claimyr.com). It's a service that gets you connected to a real SSA agent without the endless wait. I watched their demo video (https://youtu.be/Z-BRbJw3puU) and decided to try it. They got me through to SSA in about 20 minutes when I had been trying for weeks on my own. The agent I spoke with was able to run calculations on all my potential benefits and tell me exactly what I qualified for. Turns out I was eligible for a small increase by claiming on my ex's record.
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Adriana Cohn
•Does this actually work?? I've been calling SSA for THREE WEEKS about my disability review and can't get through to anyone!
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Brandon Parker
To answer your specific question - yes, the 12-year marriage duration matters and it works in your favor since it's over 10 years. Being on disability doesn't disqualify you from ex-spouse benefits, but as mentioned above, you'll only get the higher of the two benefits, not both combined.
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Sophia Carter
•That makes sense. I was confused because someone told me you can't claim anything related to an ex-spouse while getting disability. Sounds like that wasn't correct. I'm hopeful my benefit might increase somewhat since my ex-husband made quite a bit more than I did over his working years.
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Jace Caspullo
I WENT THRU THIS EXACT THING and let me tell you the SSA is USELESS trying to explain your options!!! I was on disability and divorced after 22 yrs of marriage. My ex made WAY more than me so I got an extra $300/month on top of my disability payment. They call it the "excess spousal benefit" or something like that. You definitely need to check this out because they DON'T automatically give it to you!! You have to apply!
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Melody Miles
•Just a small clarification - the technical term is the "spousal differential" or "topping up" where if the spousal benefit would be higher than your own benefit, you receive your benefit plus the difference to reach the higher amount. And you're absolutely right that SSA doesn't automatically calculate this - you must apply for it specifically.
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Nathaniel Mikhaylov
wait I'm confused... can she get benefits from BOTH husbands? Or just pick whichever one gives her more money?
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Chloe Zhang
•She would need to pick which benefit provides the highest amount - she can't receive multiple benefits simultaneously. She could be eligible for: 1) her current SSDI benefit, 2) divorced spouse benefits from second husband, or 3) survivor benefits from first husband - but would only receive whichever of these is highest.
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Adriana Cohn
Not to make this more complicated but don't forget about the remarriage rules for widow benefits! Since you're now divorced AND over 60, you CAN claim survivor benefits from your first husband if those would be higher. A lot of SSA reps don't explain this clearly.
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Sophia Carter
•Oh! I didn't realize that was even still an option since I remarried after he passed. My first husband actually had a good income, so his benefits might be higher than my disability. This is exactly why I need to speak with someone at SSA who can run the numbers for all scenarios.
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Eva St. Cyr
I tried figuring this out on my own last year and ended up leaving money on the table for 6 MONTHS because the first SSA rep I talked to gave me wrong information. When I finally got through to someone who knew what they were talking about, they explained I was eligible for additional benefits but they could only pay 6 months retroactively. Get to someone knowledgeable ASAP! Also, to answer your original question - yes, being on SSDI does affect things. Unlike regular retirement benefits where you can choose when to apply for different benefits, disability can complicate the timing. They should consider all benefits you're eligible for when you apply, but often they don't unless you specifically ask.
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Sophia Carter
•That's concerning! I definitely don't want to miss out on benefits I'm entitled to. I'll make it a priority to reach SSA this week. Thanks for sharing your experience - I'll make sure to specifically ask them to check ALL possible benefits I might qualify for.
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Brandon Parker
After you talk with SSA, come back and let us know what you found out! Your situation is complicated enough that I'm curious what they'll say is your best option.
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Sophia Carter
•I definitely will! I'm going to try that Claimyr service someone mentioned above to get through to an agent faster. I'll post an update once I know more about my options.
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