Can I claim Social Security ex-spouse benefits while on SSDI at 62? Ex is 75 and we were married 14 years
I've been receiving SSDI for the last 3 years due to a chronic condition that prevents me from working. I'm 62 now, and recently overheard someone at my doctor's office talking about getting benefits based on their ex-spouse's record. That got me thinking... I was married for 14 years to my ex-husband, and we've been divorced for almost 24 years now. Neither of us ever remarried. He's 75 now and I'm pretty sure he's been collecting his Social Security retirement for at least 10 years. Could I possibly be eligible for some kind of ex-spousal benefits on top of my SSDI? I'm struggling financially and every bit would help. My SSDI payment is only about $1,450/month which barely covers my rent and medications. I don't know if there are special rules when you're on disability versus regular retirement. Any insights would be appreciated!
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Eve Freeman
Yes, you definitely could qualify for divorced spouse benefits! Since you were married for more than 10 years, have been divorced for more than 2 years, and neither of you remarried, you meet the basic requirements. At 62, you can receive ex-spouse benefits even if your ex hasn't applied for benefits himself (though it sounds like he has). Since you're currently on SSDI, SSA will automatically give you whichever is higher - your own SSDI benefit or up to 50% of your ex's full retirement benefit. However, since you're only 62 and not at your full retirement age (probably around 67 for you), any spousal benefits would be reduced. I strongly suggest calling SSA to check what your ex-spousal benefit might be. If his earnings record was significantly higher than yours, this could mean extra money every month.
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Val Rossi
•Thank you so much for that information! I had no idea this was possible. Do you know if I need any special documentation about our marriage when I call? Our divorce was in another state and I'm not sure where all those old papers are.
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Clarissa Flair
my sister got exspouse benefits last year but she had to bring her marriage certificate and divorce papers when she went to the ss office. they wouldnt let her apply without them so start looking!!
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Val Rossi
•Oh no! That's going to be a problem. Our marriage was in Illinois and we divorced in Wisconsin, but I'm in Florida now. I'll have to figure out how to get copies. Thanks for the heads up!
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Caden Turner
I WENT THROUGH THIS EXACT SITUATION!!! Was on SSDI for 7 years, then turned 62 and applied for my ex's benefits. I was shocked when they told me my ex was getting over $3200 a month so my benefit went up by almost $400!!! The SSA never told me about this option - I had to figure it out myself. BUT getting through to the SSA was a NIGHTMARE. Spent 3 days calling and getting hung up on after waiting for hours. Finally I found this service called Claimyr that got me through to an actual person at Social Security in under 10 minutes! Check out their video to see how it works: https://youtu.be/Z-BRbJw3puU or go to claimyr.com Totally worth it because that one phone call increased my monthly income significantly. Don't wait - you might be eligible for retroactive payments too!
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McKenzie Shade
•Seriously? A service to call Social Security? That seems sketchy. You can just keep calling yourself and eventually get through...
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Caden Turner
•Not sketchy at all. After spending literally 12+ hours getting disconnected and waiting on hold over multiple days, I was desperate. The service just connects you through faster. The actual conversation is still directly between you and SSA. For me, the potential of hundreds more per month was worth it.
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Harmony Love
congrats on finding more money! my cousin got extra from her ex too but she said they made her pay back some disability money first? something about offset? anyone know about that?
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Rudy Cenizo
•What you're referring to is the "dual entitlement" rule. Social Security won't pay the full amount of both benefits - they'll pay the higher of the two. So if her SSDI was $1200 and her ex-spousal benefit would be $1500, she'd get her $1200 SSDI plus $300 in spousal benefits for a total of $1500. If they asked her to pay something back, it might be because they determined there was an overpayment for some reason. That's a separate issue from the ex-spouse benefits themselves.
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Natalie Khan
You absolutely can get benefits on your ex's record! I went through this myself last year. But be careful - when I first called, the SSA rep told me I WASN'T eligible, which was completely wrong! I had to call back and talk to someone else who knew the rules better. Here's what you need to know: 1. You need your marriage certificate AND divorce decree 2. You'll need his SSN (if you don't have it, they can sometimes find it with his DOB and full name) 3. They might ask for your birth certificate too The whole process took about 2 months for me, and they did give me 6 months of retroactive payments. My monthly benefit increased by $372, which has made a huge difference.
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Val Rossi
•That's really helpful, thank you! I'm definitely going to pursue this. I don't have his SSN memorized anymore, but I do know his full name and date of birth, so hopefully that will work. It's scary that some reps give incorrect information - I'll make sure to be persistent.
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Clarissa Flair
i think ur getting mixed up between ssi and ssdi those r different things
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Eve Freeman
•The OP clearly stated they're on SSDI (Social Security Disability Insurance), not SSI (Supplemental Security Income). They're different programs with different rules. SSDI is based on your work credits, while SSI is needs-based. In this case, we're discussing how SSDI interacts with ex-spousal benefits, which is a valid question.
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Harmony Love
my aunt tried this and they told her she had to wait until her full retirement age to get the full 50%... she was so mad!!! something about early retirement reduction. so you might not get as much as you hope.
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Rudy Cenizo
•That's correct. At age 62, spousal benefits (including ex-spousal benefits) are reduced to about 32.5% of the ex's primary insurance amount instead of the full 50% you'd get at full retirement age. However, the OP is currently on SSDI, which complicates things in a potentially good way. SSDI benefits aren't reduced for age, so depending on how the benefits are structured, this early filing reduction might not apply in the same way.
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McKenzie Shade
Wow I didn't know this was a thing! I wonder if my mom could get this. Her ex (my dad) died last year and she's struggling on her small retirement check. Would this work for her too?
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Natalie Khan
•If your dad passed away, your mom would actually be looking at survivor benefits rather than spousal benefits. The rules are different, but generally more generous. If they were married at least 10 years and she hasn't remarried before age 60, she might qualify for survivor benefits as high as 100% of what your dad was receiving. She should contact the SSA immediately as there are time limits for some retroactive survivor benefits.
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Val Rossi
Thank you all for the extremely helpful information! I'm definitely going to pursue this. I'm making a list of the documents I need to gather and will try calling SSA next week. I'll update this thread once I find out what I'm eligible for. Keeping my fingers crossed that this will give my monthly income a boost!
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