Can I get SSDI plus divorced spousal benefits before my ex-husband files for Social Security?

Yes, you can potentially receive divorced spouse's benefits while on SSDI. Here's what you need to know: 1. You must have been married for at least 10 years (you were married 23 years, so you qualify) 2. You must be currently unmarried 3. Your ex-spouse must be at least 62 The tricky part: Normally, your ex would need to have filed for his own benefits first. However, there's an exception - if you've been divorced for at least 2 years (which you have), you can file for divorced spouse benefits even if your ex hasn't filed yet. As for the amount, you would be eligible for up to 50% of your ex's Primary Insurance Amount (PIA) - that's what he would get at his full retirement age. However, your total benefit (SSDI plus divorced spouse benefit) would be limited to the higher of the two amounts. So if your SSDI is less than 50% of his PIA, you'd get a "top-up" to reach that 50% level. And no, his decision to take early benefits wouldn't affect your amount - your benefit would still be based on his full retirement age benefit (his PIA).

my sister got divorced spouse benifets but she had to wait til her ex started collecting first... or maybe not? ill ask her. anyway she said SSA people were NO help when she called smdh took her 6 tries to get through to anyone!!

I went through something sort of similar last year. Was on SSDI and qualified for divorced spouse benefits. Here's what happened: I brought my divorce decree, marriage certificate, and birth certificate to my appointment. The SSA rep looked up my ex's earning record and calculated what I was eligible for. BUT - big warning - they will only pay you the DIFFERENCE between your SSDI and what you'd get as a divorced spouse (if that amount is higher). So if your SSDI is $1,476 and your divorced spousal benefit would be $1,800, you only get an additional $324 per month, NOT the full $1,800. Also, they were HORRIBLE to deal with by phone. Impossible to get through!

I spent 2 weeks trying to get someone at Social Security on the phone about a similar question. Kept getting disconnected or waiting 2+ hours only to have the call drop. I finally tried using Claimyr.com and got through to an agent in about 15 minutes! They have this system that navigates all the phone menus and waits on hold for you, then calls you when an agent is on the line. You can see how it works in their video demo: https://youtu.be/Z-BRbJw3puU Anyway, the agent confirmed what others have said - you don't need your ex to file first if you've been divorced 2+ years. But they do need to look up his earnings record to calculate your benefit, so having his SSN is helpful (though not absolutely required - they can find it with his name and DOB).

The MOST important thing no one mentioned yet!! The Divorced Spouse Benefit is ONLY available if it would pay MORE than your current SSDI!! The SSA will pay you whichever is higher - your disability benefit OR the divorced spouse benefit - NOT BOTH! Did anyone actually READ your question?

i think you need to wait until he files thats what my neighbor had to do

To summarize the key points accurately: 1. Yes, you can qualify for divorced spouse benefits while on SSDI 2. Since you've been divorced more than 2 years, you do NOT need to wait for him to file first 3. Any benefit would be based on his Primary Insurance Amount (PIA) - what he'd get at his FRA - regardless of when he actually files 4. You would only receive the difference if the divorced spouse benefit is higher than your SSDI 5. For 2025, the maximum spousal benefit is 50% of your ex's PIA I recommend contacting SSA directly, either by scheduling an appointment at your local office or by phone. Bring or have ready: your marriage certificate, divorce decree, birth certificate, and if possible, your ex's SSN (though they can find him with full name and DOB if necessary). They will NOT contact your ex during this process. Also, your SSDI benefits will automatically convert to retirement benefits when you reach your FRA, but the amount stays the same.

Just wondering but does it matter if he remarried?? My ex is on like wife #3 now lol

Nobody is talking about how this affects HIS benefits!!! If she claims on his record it REDUCES what he gets!!! That's why exes don't want you claiming on their record!!

One more tip from my experience - print out ALL your tax returns from the marriage if you have them. They asked me for income verification because they wanted to check if I had any government pensions that would trigger the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO). Those can reduce benefits if you worked for state/local government that didn't pay into Social Security.

@Natasha Volkova - One thing I'd add that might help you prepare for your SSA appointment: try to estimate what your ex's earnings were during your highest earning years of marriage. Even a rough estimate can help you gauge whether pursuing this is worth it. If he was making significantly more than what would generate your current $1,476 SSDI payment, then the divorced spouse benefit could provide a meaningful boost. But if his earnings were similar to yours, the additional benefit might be minimal. Also, when you do apply, ask specifically about retroactive benefits. Depending on when you became eligible (remember, you had to be divorced for 2+ years AND your ex had to be 62+), you might be entitled to some back pay from when you first became eligible to when you actually file. The whole process took about 6 weeks for my case once I submitted all the paperwork, so don't expect immediate results. But given your financial situation, it's definitely worth pursuing!

I just want to add a practical tip based on my experience helping my mom through a similar situation last year. When you go to your SSA appointment, ask them to run the calculation right there in front of you so you can see exactly what the numbers would be. My mom's case worker was able to pull up her ex-husband's earnings record immediately and show her that she'd only get an extra $47/month - which honestly wasn't worth the hassle for her situation. But in your case, given that he's in IT management and was likely earning significantly more than what would generate your $1,476 SSDI, you could be looking at a much more meaningful increase. Also, don't let them rush you out of the appointment. These calculations can be confusing and you have every right to ask them to explain the math until you understand it completely. Take notes or ask if you can record the conversation (some offices allow this). One last thing - if your local SSA office has long wait times for appointments, try calling offices in neighboring areas. Sometimes they have better availability and you're allowed to use any office within a reasonable distance.

I've been through a similar situation and wanted to share something that might save you time and stress. Before you go to your SSA appointment, try calling the National 800 number (1-800-772-1213) early in the morning (right when they open at 8am) or late in the day (after 4pm) - the wait times are usually shorter then. When I called, I was able to get a preliminary assessment over the phone. The rep told me whether it was even worth pursuing based on a quick look at my ex's earnings record. This helped me decide if it was worth the hassle of gathering all the documents and making an appointment. Also, something nobody mentioned yet - if you do end up getting divorced spouse benefits, you'll need to report any changes in your marital status to SSA immediately. If you remarry before age 60, you'll lose the divorced spouse benefits (though you might qualify for spousal benefits based on your new spouse's record instead). One more thing - keep copies of EVERYTHING you submit to SSA. I learned this the hard way when they "lost" my paperwork and I had to resubmit everything. Having copies saved me weeks of delays. Good luck with this! Given your ex's IT background and your long marriage, I have a feeling this could really help your financial situation.

Just wanted to add one more important detail that I learned from my divorce attorney - make sure you ask SSA specifically about "dual entitlement" when you apply. This is the technical term for what everyone's been describing about getting the difference between your SSDI and the divorced spouse benefit. What's crucial to understand is that your SSDI benefit essentially becomes the "floor" - you'll never get less than what you're currently receiving. If the divorced spouse calculation comes out lower than your current $1,476, you just keep getting your SSDI as-is. But if it's higher, you get bumped up to that amount. Also, since you mentioned lupus, I wanted to mention that when your SSDI converts to retirement benefits at your FRA (which happens automatically), any divorced spouse "top-up" you're receiving will continue seamlessly. So this isn't just a temporary boost - it could potentially help you for the rest of your life. One last tip: if you have any documentation of your ex's income during your marriage (old tax returns, pay stubs, etc.), bring those too. While SSA has his earnings record, having your own documentation can sometimes help speed up the process if there are any discrepancies or questions. You've gotten great advice in this thread - definitely pursue this! With a 23-year marriage and his IT management background, this could make a real difference in your monthly budget.

I wanted to add something that might help streamline your process - when you gather your documents, also try to find any old Social Security statements from during your marriage if you still have them. These annual statements sometimes show estimated benefits for spouses, which could give you a rough idea of what to expect. Also, regarding the phone system issues everyone mentioned - I've found that using the SSA's online "my Social Security" portal can sometimes be more efficient than calling. You can't file for divorced spouse benefits online, but you can review your own earnings record and sometimes get benefit estimates that might help you prepare for your appointment. One thing that hasn't been mentioned yet is that if you're approved for divorced spouse benefits, you may also want to ask about Medicare implications. Since you're already on SSDI, you probably have Medicare, but sometimes changes in benefit amounts can affect Medicare premiums or eligibility for programs like Extra Help with prescription drug costs. Given everything you've shared - the 23-year marriage, his IT management career, and your current financial struggles - I really think this is worth pursuing. The worst case scenario is you find out you're not eligible for more money, but the potential upside could significantly improve your quality of life. Best of luck with your appointment!

I just want to echo what everyone else has said and add my own encouragement - definitely pursue this! I went through a very similar situation about 3 years ago. I was also on SSDI (due to a back injury) and had been divorced for over 2 years from my ex who was in a high-earning profession. The process was honestly easier than I expected once I got past the initial phone call hurdle. I ended up getting an extra $380/month, which has made such a difference in my ability to cover basic expenses. What really surprised me was that I qualified for about 8 months of retroactive payments since I had been eligible but just didn't know about it. One thing I'd suggest is to go into your appointment with realistic expectations but also don't be afraid to advocate for yourself. The first SSA representative I spoke with seemed to be discouraging me from applying, almost like it wasn't worth the paperwork. But I persisted and I'm so glad I did. Also, don't let anyone make you feel guilty about claiming benefits on your ex's record. You paid into the system during your marriage just like he did, and you're entitled to these benefits. It doesn't take anything away from him and he'll never even know unless you tell him. Good luck - I have a really good feeling this is going to work out well for you!