Can my disabled ex-sister claim Social Security spousal benefits from her ex-husband before 62?

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.

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!!

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

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.

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.

wait so she can get her ex husbands SS?? even if he remarried?? thats crazy, does he know about this?

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!!!

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!

Just wanted to add one important detail that might help your sister - when she calls SSA, she should also ask about the "protective filing date." If she's potentially eligible for disabled divorced spouse benefits now, establishing a protective filing date could ensure she doesn't lose any back benefits while they sort out her eligibility. Even if the initial representative isn't sure about the rules, having that protective filing date on record can be really important for preserving her rights to any retroactive payments she might be entitled to. Good luck with the call!

As someone who works with disability cases, I want to emphasize that your sister should definitely pursue this now rather than assuming she has to wait until 62. The disabled divorced spouse benefit is a real provision that many people (including some SSA representatives) aren't familiar with. Since both she and her ex-husband are receiving disability benefits, the calculation can be tricky, but she may be entitled to the difference between her current SSDI amount and 50% of her ex-husband's Primary Insurance Amount (PIA) - not his reduced disability amount, but what his full retirement benefit would be at his full retirement age. When she calls, she should specifically mention she's asking about "disabled divorced spouse benefits under Section 202(b)(4) of the Social Security Act" - using that specific legal reference might help get her to someone who knows these rules. The fact that they were married 20 years and divorced 12 years ago puts her in a strong position eligibility-wise. Also, don't let one "no" discourage you - these cases sometimes require persistence and speaking with multiple representatives to find one who understands the specialized rules for disabled divorced spouses.