Can I keep my SSDI while collecting ex-spouse Social Security benefits at 64?
I turned 64 last month and have been receiving SSDI for the past 7 years due to severe rheumatoid arthritis. My situation is getting a bit complicated now because my ex-husband (we were married 13 years before divorcing in 2006) will be turning 62 this October. I've been reading about divorced spouse benefits and understand I might be entitled to receive an amount equivalent to 50% of his Social Security retirement benefit. What's confusing me is whether I'd have to give up my disability benefits to receive this ex-spouse benefit. Would I have to choose between them, or would the ex-spouse benefit be paid IN ADDITION to my current SSDI? I'm really worried about making the wrong decision here since my monthly budget is already stretched thin. Any insights from folks who've navigated this situation would be so appreciated!
25 comments


Anastasia Smirnova
Good news! You don't have to forfeit your SSDI to receive ex-spouse benefits. SSA will pay you whichever is higher - your own SSDI benefit OR the divorced spouse benefit (which would be up to 50% of his PIA). But you won't receive both amounts combined. If your SSDI is currently higher than what you'd get from the ex-spouse benefit, nothing will change. If the ex-spouse benefit would be higher, they'll switch you to that amount. Either way, you won't lose money.
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Diego Chavez
•Thank you so much for explaining! So if I understand correctly, I'll automatically get whichever amount is higher? Do I need to apply for the ex-spouse benefit to trigger this comparison, or does SSA do this automatically? Sorry for all the questions - I'm just worried about missing out.
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Sean O'Brien
my sister went thru this exact thing last yr!! she kept getting her disabilty check cuz it was more then what shed get from her ex. SSA just compares the 2 amounts and gives u the bigger one. dont worry abt losing ur benefits!
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Diego Chavez
•That's reassuring to hear about your sister's experience! Was she notified about this comparison happening, or did she have to contact SSA first? I'm nervous about the whole process.
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Zara Shah
I'm a retired SSA claims specialist, so let me clarify a few points: 1. You need to actually APPLY for the divorced spouse benefits - it's not automatic. SSA won't know to check this for you. 2. If your ex-husband hasn't filed for his own benefits yet, you can still apply for divorced spouse benefits as long as you've been divorced for at least 2 years. 3. As others mentioned, you'll receive the higher of either your own SSDI benefit or the divorced spouse benefit (up to 50% of his Primary Insurance Amount) - not both. 4. Important: When you reach your Full Retirement Age (66 and 4 months for someone born in 1961), your SSDI will automatically convert to regular retirement benefits, but the amount stays the same. 5. After your ex-husband files, check if 50% of his benefit would be higher than your current SSDI. If yes, it's worth applying.
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Luca Bianchi
•Wait a minute... I thought divorced spouse benefits were only 35% if you claim before your full retirement age??? Thats what the SSA told me when i called!!!?? im so confused by all this
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GalacticGuardian
The whole system is DESIGNED to be confusing! They make everything complicated so people don't get the money they're entitled to. I waited 3 MONTHS for them to figure out my ex-spouse benefit and then they underpaid me by $240!!! Had to fight for ANOTHER 2 months to get that fixed!!! When you call, DOCUMENT EVERYTHING - names, dates, what they tell you. Don't trust them to get it right the first time!!!
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Nia Harris
•So true! I've been through the same nightmare. I think they intentionally make the rules complex so we just give up trying to understand them.
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Zara Shah
@profile5 You're partially correct. If you take divorced spouse benefits before your Full Retirement Age, they are reduced - but not to exactly 35%. The reduction is approximately 0.69% for each month before your FRA. However, this reduction formula is different from disability benefits! @OP: Since you're already on SSDI, you wouldn't face the early reduction penalties that apply to retired workers who claim early. You would be eligible for the full 50% of your ex-husband's PIA that you're entitled to as a divorced spouse (assuming you don't remarry). The comparison would be between your full SSDI amount and the full divorced spouse amount.
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Diego Chavez
•This is getting complicated, but I think I understand better now. So I need to actually apply for the divorced spouse benefits, and since I'm on SSDI, I would get the full 50% of his benefit if that's higher than my current SSDI, without any reduction for being under FRA? Did I get that right?
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Mateo Gonzalez
My mom just dealt with this last year she tried calling SSA for WEEKS couldn't get through kept getting disconnected it was a nightmare she was so stressed. She finally used this service called Claimyr (claimyr.com) that got her through to an actual SSA person in like 20 minutes. They have a video showing how it works https://youtu.be/Z-BRbJw3puU saved her so much frustration! She did find out her SSDI was higher than ex-spouse benefits so nothing changed but at least she got answers
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Diego Chavez
•I hadn't heard of that service before. Thanks for sharing! I've been dreading making the call because I know how impossible it is to get through. I'll check out the video and see if this might help.
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Anastasia Smirnova
@OP Yes, you've got it right. You need to apply specifically for the divorced spouse benefits to trigger the comparison. Since you're receiving SSDI and not early retirement benefits, you would be eligible for the full 50% of your ex-husband's PIA (if that amount is higher than your SSDI) without reduction. The application process is straightforward - you'll need your marriage certificate, divorce decree, and your ex's Social Security number (if you have it, though SSA can usually find it if you don't). I recommend calling to schedule an appointment rather than trying to do it online since your situation involves SSDI.
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Sean O'Brien
•u also need proof of birthdate! my sister forgot that and had to go back a second time with her birth certificate. just bring ALL ur paperwork to save time!!
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GalacticGuardian
Just to add to the frustration - I applied for ex-spouse benefits and SSA lost my paperwork TWICE!!! Make copies of EVERYTHING you submit. And if you mail anything, use certified mail with return receipt. They denied ever receiving my divorce decree even though I had proof it was delivered!
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Nia Harris
•This happened to my neighbor too! She had to submit her marriage certificate three times because they kept "losing" it. So frustrating!
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Luca Bianchi
i went through this whole process last yr and found out my ex was actually getting SSDI too not retirement! apparently you cant get ex-spouse benefits if theyre on disability only if theyre getting retirement? nobody told me this until after i waited 2 months for them to process everything... make sure you find out exactly what benefits your ex is receiving before you go through all this trouble!!
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Zara Shah
•That's not entirely accurate. You *can* qualify for divorced spouse benefits if your ex is receiving SSDI. The Social Security Administration treats SSDI the same as retirement benefits for the purpose of spouse and divorced spouse benefits. The confusion might have been because of a different issue with your specific case. If anyone is told they can't get benefits because an ex is on SSDI instead of retirement, they should definitely request a formal explanation or reconsideration.
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Diego Chavez
Thank you all for the helpful information! I've made notes of everything and will gather my documents (including birth certificate!) before applying. I'll probably use that Claimyr service to help get through to someone at SSA since making an appointment sounds like the best approach. I'm feeling much more confident now - at least I know I won't lose my current benefits if the ex-spouse amount turns out to be lower. I'll update here after I've gone through the process in case it helps someone else in a similar situation.
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Anastasia Smirnova
•Good plan! One more tip: when you speak with SSA, specifically ask them to do a "benefits calculation comparison" between your SSDI and potential divorced spouse benefits. This ensures they'll put the exact figures in writing for you. Best of luck and please do update us!
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Miguel Castro
I'm going through something very similar! I'm 63 and on SSDI for the past 5 years, and my ex-husband just filed for his retirement benefits last month. I was so confused about whether I'd lose my disability payments, but after reading through all these responses, I feel much better about applying for the divorced spouse benefits. The key thing I learned from my local SSA office is that they really do just pay you whichever amount is higher - so there's literally no downside to applying and finding out. My only advice would be to ask them to mail you a written summary of the benefits comparison once they calculate everything. That way you have it in writing and can refer back to it later. Thanks to everyone who shared their experiences here - it's so helpful to hear from people who've actually been through this process!
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Zoe Papanikolaou
•Thank you for sharing your experience! It's so reassuring to hear from someone who's currently going through this process. I really appreciate the tip about asking for a written summary of the benefits comparison - that's something I definitely wouldn't have thought to request but seems really important to have for my records. It sounds like you're handling this much more confidently than I am! I'm still gathering all my paperwork but feeling much better about the whole situation after reading everyone's advice here. Please keep us updated on how your application goes - I'd love to hear how the actual process works out for you.
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Javier Hernandez
I'm in a very similar situation - 65 and on SSDI for the past 6 years, with an ex-husband who recently started collecting his retirement benefits. I just went through this exact process last month and wanted to share what I learned. The most important thing is that you absolutely need to apply for the divorced spouse benefits to trigger the comparison - SSA won't do this automatically. When I called, they were able to give me the exact amounts over the phone before I even submitted my application, which helped me understand what to expect. In my case, my SSDI was actually $180 higher than what I would get from the ex-spouse benefit, so nothing changed for me financially, but at least I know I'm getting the maximum I'm entitled to. The whole process took about 3 weeks from application to receiving the written determination. One thing I wish I'd known earlier is that even if the amounts are close, it's worth applying because your ex-spouse benefit amount could increase if your ex-husband gets cost-of-living adjustments to his retirement benefit. Don't let the paperwork intimidate you - it's really not as complicated as it seems once you get started!
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Amun-Ra Azra
•This is exactly the kind of detailed, real-world experience I was hoping to hear! Thank you so much for sharing what you went through. It's really helpful to know that they can give you the exact amounts over the phone before you even apply - that takes away a lot of the uncertainty. I'm definitely going to ask for those specific numbers when I call. The point about potential cost-of-living adjustments to the ex-spouse benefit is something I hadn't even considered, but it makes total sense. Even if my SSDI is higher now, that could change over time. I'm feeling much more confident about moving forward with this process now. Thank you for the encouragement about the paperwork too - I tend to overthink these things and make them seem more complicated than they actually are!
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Oliver Wagner
I'm also 64 and have been on SSDI for about 4 years now. Reading through everyone's experiences here has been incredibly helpful! I've been putting off looking into this because the whole system seems so overwhelming, but it sounds like there's really no risk in at least applying to see what I might be entitled to. My ex-husband started collecting his retirement benefits about 6 months ago, and I keep wondering if I'm missing out on additional money. Based on what everyone has shared, it seems like the worst case scenario is that I find out my current SSDI is higher and nothing changes - but at least I'd know for sure. I think I'm going to follow the advice about using that Claimyr service to get through to SSA, since trying to call on my own has been frustrating. Thanks to everyone who shared their stories - it's so much easier to navigate this when you hear from people who've actually been through it!
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