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Can my ex-spouse get benefits from my higher Social Security now that he's disabled at 70?

My ex-husband (70) and I were married for 12 years before divorcing, but we still care about each other. He's recently developed serious health problems that likely mean he can't return to work. He's already collecting Social Security (about $19,000/year) but was working full-time to supplement until his health deteriorated. My retirement benefit is significantly higher at roughly $35,000 annually. I know that if I die first, he could claim survivor benefits on my record since we were married over 10 years and he never remarried. But I'm wondering - since he's disabled and his benefit amount is so much lower than mine, is there any way he could qualify for benefits based on my record while we're both still alive? Does Social Security have provisions for ex-spouses in situations like this? Thanks for any guidance!

Micah Trail

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maybe he could apply for disability? doubt he would get anything from ur record unless u die (sorry). the ssa doesn't care about ex's being nice to each other lol

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Kristin Frank

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Thanks for the response. I thought that might be the case, but figured it was worth asking. He's already looking into disability, but at his age I'm not sure how that works compared to retirement benefits he's already getting.

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Nia Watson

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You're asking about ex-spouse benefits, and there's actually good news here. Since you were married for more than 10 years, he never remarried, and you're both over full retirement age (FRA), he MAY be eligible for ex-spouse benefits right now if they would be higher than his own benefit. He could receive up to 50% of your Primary Insurance Amount (PIA), which based on your annual benefit of $35,000 would be around $17,500 annually. Since his current benefit is $19,000, it initially appears he wouldn't qualify for ex-spouse benefits as his own benefit is higher. HOWEVER, if part of his current $19,000 includes delayed retirement credits (for claiming after FRA), the comparison is actually made to his PIA (benefit at FRA), not his current increased benefit. So it's worth having him check with SSA to see if 50% of your PIA might actually be higher than his PIA. This doesn't affect your benefits at all, by the way.

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This is SUPER fascinating! I had no idea they compared to the PIA and not the current benefit amount with those delayed credits! I'm in a similar situation but with a much larger gap between my ex's benefit and mine. Would the SSA automatically check this when you apply or do you have to specifically ask them to make this comparison???

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I went through something sorta similar with my ex. If your ex-husband's health has deteriorated to the point where he can't work anymore, he should definitely look into applying for SSDI (Social Security Disability Insurance). Even though he's already receiving retirement benefits, sometimes you can get a higher amount through disability depending on his work history. But the frustrating part is actually REACHING Social Security to discuss these complicated situations! When my ex needed to apply for benefits last year, he kept getting disconnected or waiting for hours. I found this service called Claimyr (claimyr.com) that got him through to an actual SSA agent in under 20 minutes instead of the usual hours-long wait. They have a video demo at https://youtu.be/Z-BRbJw3puU that shows how it works. Definitely worth it for complicated cases where you really need to talk to someone knowledgeable about all the rules.

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Marcus Marsh

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Can he really get SSDI if he's already getting retirement?? I didn't think that was possible...

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Hailey O'Leary

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You are such a kind person to be concerned about your ex! My sister was in a similar situation and she found out there's actually a limit to how much an ex-spouse can receive - it's capped at 50% of your benefit amount. So even if he qualified for ex-spouse benefits (which he probably doesn't since his own benefit is higher), he wouldn't get the full $35k that you get, just half of that. Still might be worth him calling SSA to check, sometimes there are weird exceptions!

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Kristin Frank

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Thank you for the kind words. Yes, I understand about the 50% cap for spousal/ex-spousal benefits. I'm definitely going to encourage him to contact SSA directly to explore all options. Even if he doesn't qualify now, at least we'll know for sure.

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I'm going through the EXACT same thing with my ex-wife! We were married 22 years and I worry about her too. Did anyone tell you about the family maximum benefit? It's this confusing calculation that limits total benefits paid on one person's record. It might come into play if other people also claim on your record like current spouse or kids. The whole system is SO COMPLICATED! Every time I think I understand it, there's some new rule I never heard of!

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Nia Watson

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The family maximum benefit (FMB) does limit the total amount of benefits payable on one earner's record, you're right about that. However, for ex-spouse benefits, there's an important distinction: benefits paid to divorced spouses do NOT count against the family maximum. So regardless of how many divorced spouses might claim on one person's record (assuming they all qualify), it doesn't reduce benefits to the current family members or other ex-spouses.

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Marcus Marsh

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u should tell him to go to ssa.gov n make an account if he doesnt have 1 already. thats the fastest way to see what options r available. the website shows u everything ur eligible for

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Cedric Chung

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While creating a my Social Security account at ssa.gov is definitely good advice, the website doesn't actually show all benefits you might be eligible for, particularly in complex situations involving ex-spouse benefits with PIAs and delayed retirement credits. For these specialized situations, speaking directly with an SSA representative is still the most reliable approach to explore all options.

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One thing nobody's mentioned - since your ex-husband is 70 and has health problems, he might also qualify for SSI (Supplemental Security Income) depending on his total assets and income. It's meant for people with limited resources. The benefit amount isn't huge but every bit helps when someone's struggling financially with health issues.

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Cedric Chung

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This suggestion about SSI is technically possible but unlikely to apply in this situation. With a $19,000 annual Social Security benefit, the ex-husband would exceed the income limits for SSI eligibility (which is well below $19,000 annually for an individual). SSI is primarily for those with very limited income and resources, including those with little or no Social Security benefits based on their work record.

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