Can my disabled ex-spouse claim Social Security on my record if she's currently on SSI?
My former spouse has been receiving SSI disability for about 8 years now. We were married for exactly 10 years before divorcing in 2015. I'm still working and plan to retire sometime between 2034-2039 (I'm 56 now). I'm wondering if she'll be eligible to claim Social Security benefits on my record when I retire, and how that might affect both of us financially. According to my last SS statement, my projected benefit at Full Retirement Age should be around $3,300/month. Does anyone know: 1. Can my ex claim benefits on my record even though she's on SSI? 2. If she does, will that reduce my own retirement benefit? 3. Would it even make financial sense for her to switch from SSI to claiming on my record? I'm trying to plan ahead for both our sakes. We're still on good terms and I want to make sure she's taken care of, but I also need to understand how this affects my own retirement planning.
16 comments
Join the conversation
Oliver Becker
Yes, your ex-wife can potentially claim ex-spousal benefits on your record, since you were married for at least 10 years. Here's what you need to know: 1. She can receive up to 50% of your FRA benefit amount (so potentially around $1,650/month based on your projected $3,300). 2. This will NOT reduce your benefit in any way. Ex-spousal benefits have no impact on the primary earner. 3. SSI is means-tested, but Social Security retirement/spousal benefits are not. If her ex-spousal benefit would be higher than her current SSI payment (which is likely), it would make financial sense. She would need to be at least 62 to claim ex-spousal benefits, unless she's eligible for disabled widow benefits, which have different rules. Also, if she remarried, she generally can't collect on your record unless her later marriage ended.
0 coins
Amina Bah
•Thank you! That's really helpful. So even though she's disabled, she'd need to wait until 62 to claim on my record? She's about 4 years younger than me, so that timing could work out. She hasn't remarried, so that's not an issue. Do you know if the ex-spousal benefit would be reduced if she takes it early (before her FRA)?
0 coins
CosmicCowboy
my situation was similar... sorta. my ex got SSI too but we were only married 8 yrs so she couldnt claim on mine. but the 50% thing is right, it definitely wont affect ur payment at all. she might get way more than SSI pays her now so def worth it for her to apply when the time comes
0 coins
Natasha Orlova
•Do you know if the ex-wife has to wait until HE files for benefits first? Or can she apply as soon as she's 62 even if he's still working? I thought there was some rule about that but maybe that changed.
0 coins
Javier Cruz
Just to add a detail - your ex-wife's SSI will almost certainly be terminated when she starts receiving Social Security benefits on your record. SSI has a very strict income limit (around $943/month for individuals in 2025), and if she gets $1,650 from your record, she'll be well over that limit. SSI is basically a program of last resort. But this would be GOOD news for her, since SS benefits on your record would be substantially higher than the maximum SSI payment, and she wouldn't have the severe asset restrictions that come with SSI (can't have more than $2,000 in resources). Also, after 24 months on SSDI or as a disabled widow, she would qualify for Medicare, which is generally better coverage than Medicaid (which comes with SSI).
0 coins
Amina Bah
•Thanks for that explanation! I didn't realize the SSI would be terminated, but it makes sense if she's getting more from the ex-spousal benefit. The asset restriction removal would be huge for her - she's been unable to save anything because of that $2,000 limit. One question though - she's not on SSDI, just SSI. Would she still qualify for Medicare when switching to ex-spousal benefits?
0 coins
Emma Thompson
WRONG INFO ABOVE!!! If she's disabled and was your wife for 10+ years, she might be able to get benefits on your record NOW as a disabled divorced spouse, even before you retire!!! She wouldn't have to wait until 62! Check this out from SSA: https://www.ssa.gov/benefits/disability/qualify.html#anchor8 She'd need to meet these requirements: - Be at least 50 - Be disabled - Your marriage lasted at least 10 years - She's unmarried - She's not eligible for a higher benefit on her own CALL SSA DIRECTLY about this!!
0 coins
Javier Cruz
•This is incorrect for this specific situation. The link you shared is about disabled widow(er) benefits, which have different rules than disabled divorced spouse benefits. For a disabled divorced spouse to collect on an ex's record, the worker (original poster) must actually be receiving their own retirement or disability benefits already. Since OP is still working and not collecting retirement benefits yet, his ex-wife cannot collect divorced spouse benefits yet, even with her disability status. She'll need to wait until either he files for benefits or until she reaches 62 (when she can file as a divorced spouse if he's at least 62, even if he hasn't filed yet).
0 coins
Malik Jackson
Has anyone tried calling the SSA to get clear answers on this stuff? I spent TWO HOURS on hold last week trying to figure out a similar question about my own ex and then got disconnected right when someone finally answered!!! Did you know there are 10,000 people retiring EVERY DAY now? No wonder we can't get through to them...
0 coins
Isabella Costa
•I had the same issue trying to get information about my divorced spouse benefits! After getting disconnected three times, I found this service called Claimyr that got me through to a real SSA agent in about 20 minutes. You can see how it works in this video: https://youtu.be/Z-BRbJw3puU It was such a relief to finally speak with someone who could answer my specific questions. The SSA phone system is completely overwhelmed, especially with all the baby boomers retiring now. For complicated situations like divorced spouse benefits with disability involved, you really need to speak with an actual agent.
0 coins
Amina Bah
This has been really helpful, everyone. To summarize what I've learned: 1. Yes, my ex can claim on my record since we were married for 10 years 2. She could get up to 50% of my FRA benefit 3. It won't reduce my own benefit 4. She'd need to wait until either she's 62 or I start collecting (whichever comes first) 5. She would likely lose SSI but would get more money overall 6. She'd be free from the $2,000 asset limit, which is huge I'll make sure to let her know about these options as we get closer to retirement age. Thanks again for all the great information!
0 coins
Oliver Becker
•That's an excellent summary! One small correction - if your ex-wife wants to file for divorced spouse benefits before you've filed for your own benefits, you both need to be at least 62, AND you must have been divorced for at least 2 years. Since your divorce was in 2015, that 2-year requirement is already met. Also worth noting that if she takes benefits before her FRA, they will be permanently reduced, just like regular retirement benefits. At 62, she'd get less than the full 50%.
0 coins
CosmicCowboy
hey op somthing nobody said yet - if ur ex ever remarried then she CANT get benefits from ur record anymore. just making sure u know that part
0 coins
Amina Bah
•Thanks for mentioning that. She hasn't remarried, and I don't think she plans to, but good to know that's a factor.
0 coins
Natasha Orlova
I just went thru this with my sister who is on SSI!! She was able to switch to ex-spouse benefits when her ex retired and she gets like $1300 now instead of the $900ish from SSI. AND she can actually have a savings account now without losing benefits!!! It made a HUGE difference for her quality of life!!
0 coins
Amina Bah
•That's so encouraging to hear! The savings account freedom would be life-changing for my ex. Did your sister have any issues with the transition from SSI to the Social Security benefits? Was there any gap in payments or complications?
0 coins