Can my disabled ex-sister claim Social Security spousal benefits from her ex-husband before 62?
I'm trying to help my sister who's facing a complicated Social Security situation. She's 59 and currently receiving SSDI (has been for about 3 years). Her ex-husband just turned 64 and recently got approved for disability benefits himself. They were married for 20 years and have been divorced for about 12 years now. She's struggling financially on her disability payment alone and I'm wondering if she can receive any additional benefits as an ex-spouse on his record. Does she qualify for some kind of "spousal top-up" from his Social Security even though she's under 62? Or does she absolutely have to wait until she reaches 62 to get any divorced spouse benefits? The local SSA office gave her conflicting information and I want to make sure she understands her options before she makes any decisions.
16 comments
Gabriel Freeman
While receiving disability benefits, she MAY be eligible for divorced spouse benefits before age 62, but there are specific rules. Since they were married over 10 years and divorced over 2 years, she meets those requirements. However, for disabled individuals, eligibility is complex. She should contact SSA directly to verify, but my understanding is that if she's receiving SSDI (not SSI), she might be eligible for a partial divorced spouse benefit if her disability benefit is less than 50% of her ex's full benefit amount. The fact that he's also on disability rather than regular retirement benefits adds another layer of complexity, as the calculation will be based on his primary insurance amount.
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Debra Bai
•Thank you for the detailed response! I'll tell her to specifically ask about that 50% calculation when she calls SSA. Do you know if it matters that she got disability first, or does that not affect anything?
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Laura Lopez
She absolutely CANNOT get spousal benefits until 62!! I went through this exact situation and spent hours fighting with SSA. They kept saying the same thing - divorced spouse benefits start at 62, period, no exceptions even for disability. The only people who can get spousal before 62 are people caring for the worker's child under 16. Its so frustrating how they make these rules impossible to understand!!
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Gabriel Freeman
•This isn't entirely accurate. There are exceptions for disabled divorced spouses under certain circumstances. The rules are different for disabled individuals than for those filing for regular retirement benefits. It's possible your situation had additional factors that made you ineligible before 62.
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Victoria Brown
my sister had almost same situation but she was 60 not 59...she had to wait till 62 to get anything extra. but when she did file they gave her an extra $375/month on top of her disability check. hope that helps
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Debra Bai
•Thanks for sharing that. Sounds like waiting until 62 might be her only option. That extra $375 would be really helpful for her though! I'll let her know.
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Samuel Robinson
To clarify some confusion here: Under Social Security rules, a disabled divorced spouse can potentially receive benefits before age 62 IF they meet all requirements: 1. The marriage lasted at least 10 years (which she has) 2. The divorce has been final for at least 2 years (which it has) 3. The ex-spouse is entitled to benefits (which he is) 4. The disabled person is unmarried 5. The disabled person is receiving Social Security Disability benefits The benefit would be calculated as the difference between her own disability benefit and up to 50% of her ex-spouse's full retirement benefit (not his disability amount). However, there are special rules when both parties are disabled. She should specifically ask about "disabled divorced spouse benefits" when contacting SSA, as many representatives aren't familiar with these less common provisions.
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Debra Bai
•This is incredibly helpful - thank you! I'll write down these exact points for her to mention when she calls SSA. So it sounds like there's a real possibility she could get some additional benefits now rather than waiting 3 more years.
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Camila Castillo
I spent HOURS trying to get through to Social Security last month for my disabled spouse benefits question. After getting disconnected four times, I finally used Claimyr.com to reach them - got through in 20 minutes instead of waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU As for your sister's situation, she should definitely call and ask specifically about disabled divorced spouse benefits. Most people don't know about this provision, and some SSA reps might not be familiar with it either, so she might need to speak with a technical expert.
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Debra Bai
•Thanks for the tip about Claimyr! I'll definitely check it out. My sister has mobility issues so phone is much easier than trying to go to the office in person. And you're right - she needs to talk to someone who really knows these specialized rules.
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Brianna Muhammad
wait so she can get her ex husbands SS?? even if he remarried?? thats crazy, does he know about this?
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Samuel Robinson
•Yes, ex-spouses can claim benefits on their former spouse's record if the marriage lasted at least 10 years, regardless of whether the ex-spouse has remarried. And importantly, these benefits have no effect whatsoever on the amount the ex-husband or his current spouse would receive. They're completely separate entitlements.
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JaylinCharles
Something nobody mentioned yet - even if she has to wait til 62, she should check if taking divorced spouse benefits early would permanently reduce them. Sometimes better to wait!!! My cousin took early and regrets it now!!!
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Gabriel Freeman
•This is a good point. Taking divorced spouse benefits at 62 instead of full retirement age (which would be 67 for someone who's 59 now) does permanently reduce the benefit amount. However, for someone already on disability, the calculation works differently, and she'll automatically switch to retirement benefits at full retirement age.
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Debra Bai
Thank you all for the helpful responses! I spoke with my sister and we're going to: 1) Have her call SSA and specifically ask about "disabled divorced spouse benefits" 2) Request to speak with a technical expert who knows these rules 3) Ask for a written explanation of her options and 4) Make sure she understands any potential reductions if she has to wait until 62. I'll update if we get a clear answer!
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Camila Castillo
•Sounds like a solid plan! Just remember that if she has trouble getting through on the phone, Claimyr can really help. My appointment with SSA was actually productive once I finally got through to them - the representative explained all my options and even helped me calculate what my benefit increase would be.
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