Can I claim Social Security benefits on my ex-husband's record while on SSDI at age 63?
Hi everyone, I'm confused about ex-spouse benefits and disability. I'm 63 and currently receiving SSDI (have been for about 5 years). My ex-husband is also 63 but still working full-time. We were married for 23 years before divorcing in 2009. I'm wondering if I can collect any benefits based on his Social Security record while still receiving my disability? My SSDI payment is only $1,675/month and I'm really struggling with inflation. Would applying for ex-spouse benefits reduce my disability amount? Or would I have to wait until he actually retires? Any advice would be greatly appreciated!
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Juan Moreno
Yes, you can potentially collect ex-spouse benefits while on SSDI, but there are rules. Since you were married over 10 years and haven't remarried, you qualify. BUT at 63 you'd get a reduced amount - something like 35% less than waiting till your full retirement age. Also, your ex doesn't need to be retired for you to claim, he just needs to be eligible for benefits (which at 63 he is). Call SSA to see which benefit would be higher.
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Savanna Franklin
•Thank you! Do you know if they'll just give me whichever is higher between my SSDI and the ex-spouse benefit? Or can I receive both somehow?
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Amy Fleming
When I went thru something similar SSA told me you don't get both!! They give you whichever is higher, not both combined. So if your ex's record would give you $1900 and your SSDI is $1675, you'd get $1900 total. Not worth it if the difference is small IMO
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Savanna Franklin
•Oh that's disappointing. I was hoping it would be additional. But even a couple hundred more each month would help right now.
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Alice Pierce
You've received some good information, but there are some important details to clarify. When you're receiving SSDI and eligible for spousal/ex-spousal benefits, SSA will pay what's called a "dual entitlement." You'll receive your own SSDI benefit, and IF the spousal benefit would be higher, you'll get the difference added. You won't lose your SSDI. For example: If your SSDI is $1,675 and your potential ex-spousal benefit would be $2,000, you'd receive your $1,675 SSDI plus an additional $325 from the ex-spousal benefit for a total of $2,000. Also important - since you're already on SSDI, you're considered to be at "full retirement age" for the purpose of spousal benefits, so you wouldn't take the reduction for claiming early that others mentioned.
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Savanna Franklin
•Thank you so much for explaining! I didn't know about the dual entitlement. That makes me feel better about applying. And I had no idea my SSDI status would protect me from the early claiming reduction!
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Esteban Tate
WRONG INFO ABOVE!!!! My sister tried this exact thing and SSA said disability is NOT same as FRA for ex spouse benefits!!! She got reduced amount for claiming at 62!!! Don't listen to bad advice!!!!!
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Alice Pierce
•I understand your concern, but your sister's situation may have been different. The rules state that if you're receiving disability benefits, you're exempt from the reduction for early filing when it comes to spousal/ex-spousal benefits. The technical term is that disability benefits are not subject to the "actuarial reduction." However, there are exceptions and complications with specific timing that might have affected your sister's case. I'd recommend the original poster speak directly with SSA about their specific situation.
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Ivanna St. Pierre
I went through this last year! Good news - you can apply for ex-spouse benefits even though your ex is still working. As long as he's 62+, you qualify. Bad news - the wait times to talk to someone at SSA are BRUTAL. I spent 3 days trying to get through, kept getting disconnected after waiting 2+ hours each time. So frustrating!
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Elin Robinson
•I had the same problem with the wait times! I finally used Claimyr (claimyr.com) to get through to a representative without the wait. They have a service that holds your place in line and calls you when an agent is ready. Saved me hours of frustration. They have a video demo at https://youtu.be/Z-BRbJw3puU that shows how it works. Made a huge difference when I was dealing with my spousal benefits application.
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Atticus Domingo
I've helped clients with this exact situation as part of my retirement planning practice. Here's what you need to know: 1. Yes, you can file for ex-spouse benefits while on SSDI 2. Your divorce must be at least 2 years ago (which it is) 3. Your ex doesn't need to file for his benefits first, he just needs to be eligible 4. You'll get the higher of either your SSDI or up to 50% of his PIA (Primary Insurance Amount) 5. Since you're on SSDI, you won't face the reduction for filing before FRA I recommend requesting an appointment with SSA specifically to discuss this. They'll need his SSN to check what your potential benefit amount would be.
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Savanna Franklin
•Thank you for the detailed explanation. I'm going to try and set up an appointment. Do you know if I should bring any specific documentation with me?
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Atticus Domingo
•Bring your divorce decree, your ex's Social Security number if you have it (if not, they can usually find it), proof of marriage duration (marriage certificate helps), and your current benefit verification letter for SSDI. Also bring ID and your Social Security card. Even if you don't have everything, they can still help, but having these documents speeds up the process significantly.
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Amy Fleming
my aunt did this but got denied because she remarried. you didn't say if you remarried after the divorce? that would make u ineligible fyi
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Savanna Franklin
•No, I never remarried after the divorce. I've been single since then, so hopefully that won't be an issue for me.
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Juan Moreno
Also remember that if your ex passes away, the rules change completely. Then you could get 100% of his benefit as a surviving divorced spouse (instead of max 50% while he's alive). Just something to keep in mind for future planning.
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Ivanna St. Pierre
•This happened to my neighbor! Her ex died and her payment almost doubled. She had no idea she was eligible until someone at her church mentioned it! She had to provide their marriage certificate and divorce papers tho.
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Savanna Franklin
Thank you all for the helpful advice! I'm going to try calling SSA tomorrow to set up an appointment. Sounds like it's definitely worth checking into, especially if I can get some additional money each month without losing my SSDI. I'll update once I find out what they say about my specific situation.
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Elin Robinson
•Good luck! And if you have trouble getting through tomorrow, seriously consider the Claimyr service I mentioned. It saved me so much frustration. You deserve to know what benefits you're eligible for without spending hours on hold!
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Esteban Tate
Just be prepared for them 2 say no. Thats what they do. Say NO first and make u appeal. Thats how they save $$$ by hoping people give up!!!!
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Atticus Domingo
•This isn't an adversarial situation where they're likely to deny a legitimate claim. Ex-spousal benefits have clear eligibility rules. If the original poster meets the criteria (which it sounds like they do), this is a straightforward benefit calculation process, not a subjective determination like some disability claims can be.
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Alice Pierce
One more technical point that might help: When you speak with SSA, the specific term for what you're applying for is "auxiliary benefits as a divorced spouse." Using this terminology might help ensure you're directed to the right information. Also, prepare for the possibility that even if you're eligible for additional benefits, the increase might be modest depending on your ex's earnings record. Any increase helps, but just setting realistic expectations.
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Savanna Franklin
•Thank you for the specific terminology! That will definitely help when I talk to them. And yes, I'm trying not to get my hopes up too much about the amount. My ex did earn more than me throughout our marriage (he was in management), but I know there are all sorts of calculations involved.
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