Can my sister claim Social Security ex-spouse benefits while on SSDI at 59?

Yes, your sister might qualify for divorced spouse benefits, but there are important timing considerations. Since they were married more than 10 years before divorcing, she meets that requirement. However, she generally can't claim ex-spouse benefits until he files for his own retirement (unless they've been divorced for at least 2 years). The other issue is that while on SSDI, she would only receive the higher of either her disability benefit OR the divorced spouse benefit (approximately 50% of his full retirement amount) - not both combined. If she waits until her Full Retirement Age (FRA), she could get the maximum divorced spouse benefit, but at 59, there would be a reduction for claiming early.

I went through something similar with my brother who was on SSDI. The SSA rep explained that benefits from an ex-spouse's record work differently depending on whether the divorce was finalized for at least 2 years. If it's been 2+ years since the divorce, your sister can apply for the divorced spouse benefits even if her ex hasn't filed for his own benefits yet. The key rule to understand is that she'll only receive the HIGHER of either her own SSDI benefit OR the divorced spouse benefit - not both added together. When she reaches her full retirement age (probably 67), her SSDI will automatically convert to regular retirement benefits.

when my cousin was in this situation she had the WORST time getting through to SSA on the phone - kept getting disconnected after waiting for hours! she finally used a service called Claimyr (claimyr.com) that got her connected to a real SSA agent in under 20 mins. they have a video showing how it works: https://youtu.be/Z-BRbJw3puU - totally worth it for her because she needed specific answers about her ex-spouse benefits that the website couldn't answer. your sister should definitely apply - nothing to lose by checking what she might qualify for!

i think ur sister might get more $ when she turns 60 cause thats when widow benefits start. or wait is she a widow? or just divorced? sorry got confused by my own situation lol

To clarify what everyone is saying: Your sister should absolutely apply for the divorced spouse benefits once her ex turns 62 (which he already is). Since they've been divorced for more than 2 years (I'm assuming), she doesn't need to wait for him to file for his own benefits. The amount would be calculated as follows: - Maximum divorced spouse benefit would be 50% of her ex's Primary Insurance Amount (PIA) - Since she's under Full Retirement Age (FRA), there would normally be a reduction for claiming early - HOWEVER, the disability exception might apply, meaning she could get the full 50% despite being under FRA This is why she needs to apply - only SSA can calculate the exact amount based on her ex's earnings record.

My sister went thru this exact same thing!!! She was getting SSDI and applied for ex-spouse benefits when she was 60. The problem she ran into was proving the marriage since it was so long ago (1980s) and the divorce papers were from another state. Make sure your sister has her marriage certificate and divorce decree ready when she applies. The SSA lost her paperwork TWICE and she had to restart the whole process. So frustrating!!

One more important point: If your sister applies and qualifies for divorced spouse benefits, there will be no effect on her ex-husband's own benefits. He won't be notified about her application, and it won't reduce his benefit amount in any way. Many people worry about this aspect, but it's completely independent. Also, since she's on SSDI, if she applies and the ex-spouse benefit amount is higher than her current SSDI, the SSA will automatically give her the higher amount (as a combination of benefits that equals the higher amount). If her SSDI is higher, nothing will change with her current payment.

Has anyone here actually successfully done this??? I've heard these ex-spouse benefits are almost impossible to get approved for anymore. My aunt applied three times and kept getting denied even though she qualified based on everything online. The whole system is rigged!

Thank you everyone for all this helpful information! I'm going to help my sister gather her marriage certificate and divorce decree, and we'll try to schedule an appointment with SSA to apply for the divorced spouse benefits. Since her ex is already 62 and they've been divorced for well over 2 years, it sounds like she should be eligible to apply right away. I'll update this thread once we learn more about what she qualifies for.

Not to be negative but people need to be realistic about how long this whole process takes! My mom applied for divorced spouse benefits and it took SEVEN MONTHS to get approved, then another 2 months for payments to start. And they DIDNT give her all the backpay they owed her!!! She's still fighting to get the missing 3 months they owe her. The SSA is overwhelmed and understaffed so tell your sister to be prepared for a long wait.