Can I collect my ex husband's Social Security disability?

Asked by: Dr. Anahi Hoppe  |  Last update: March 25, 2024
Score: 4.3/5 (56 votes)

If you have a disability and are a surviving divorced spouse, you must meet the conditions below to qualify for benefits: Be at least age 50 but under 60. Were married to your ex-spouse at least 10 years. Have evidence of a finalized divorce.

Can my ex wife get half of my disability?

Each family member may be eligible for a monthly benefit of up to 50 percent of your disability benefit amount. However, there is a limit to the amount we can pay your family. The total varies, depending on your benefit amount and the number of qualifying family members on your record.

When can my spouse collect half of my Social Security disability?

If you are receiving retirement or disability benefits, your spouse may be eligible for spouse benefits if they are: At least age 62. Any age and caring for a child who is under age 16 or who has a disability that began before age 22.

Can I collect my deceased ex husband's Social Security disability?

If you're divorced, you can receive benefits based on your deceased ex-spouse's work if: Page 21 17 • At age 60, or age 50 if you have a disability, if your marriage lasted at least 10 years, and you aren't entitled to a higher benefit on your own record.

Is Social Security disability divisible in divorce?

Social Security Disability benefits are not normally marital property. However, if you and your spouse put SSDI funds into a joint account, then it might result in those benefits being divided equally as marital property.

How To Find Out Your Ex Spouse's Social Security

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What is the Social Security spousal benefits loophole?

Every year you delay, your monthly retirement benefit increases (until age 70). One Social Security loophole allowed married individuals to begin receiving a spousal benefit at full retirement age, while letting their own retirement benefit grow. This was done by filing what is called a restricted application.

How much Social Security does a divorced spouse get?

A divorced spouse can receive up to 50% of an ex-spouse's Social Security benefits if the marriage lasted at least 10 years and the divorced spouse is divorced at least two years, unmarried and at least 62. The benefit doesn't increase existing payments or reduce the ex-spouse's benefits.

What are the requirements to draw your ex husband's Social Security?

Benefits For Your Divorced Spouse

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.

What is the 5 year rule for Social Security disability?

No waiting period is required if you were previously entitled to disability benefits or to a period of disability under § 404.320 any time within 5 years of the month you again became disabled.

What is the 10 year rule for Social Security?

If you've worked and paid Social Security taxes for 10 years or more, you'll get a monthly benefit based on that work.

How do I get the $16728 Social Security bonus?

Beneficiaries are currently searching for information on How Do I Receive the $16728 Social Security Bonus? Retirees can't actually receive any kind of “bonus.” Your lifetime earnings are the basis for a calculation that the Social Security Administration (SSA) uses to calculate how much benefits you will receive.

Why can't I get half of my husband's Social Security?

If you qualify for your own retirement benefit and a spouse's benefit, we always pay your own benefit first. You cannot receive spouse's benefits unless your spouse is receiving his or her retirement benefits (except for divorced spouses).

Does my spouse automatically get half my Social Security?

You're eligible for spousal benefits if you're married, divorced, or widowed, and your spouse is or was eligible for Social Security. Spouses and ex-spouses generally are eligible for up to half of the spouse's entitlement. Widows and widowers can receive up to 100%.

Can an ex spouse benefit from my 100 disability?

VA disability benefits aren't considered marital property, which means the court can't split them between divorcing parties. However, veterans disability benefits will be considered when determining child support or spousal support.

How can I find out if my ex is receiving disability benefits?

You ask the Social Security Administration. It can tell you the name of any “auxiliary beneficiary,” including an ex-husband or ex-wife who is drawing or has drawn benefits on your earnings record. Social Security can also disclose: The date the person became entitled to benefits on your record.

Which wife gets the Social Security?

If you are married and you and your spouse have worked and earned enough credits individually, you will each get your own Social Security benefit.

What is considered to be a permanent disability?

Most workers recover from their job injuries. But some continue to have problems. If your treating doctor says you will never recover completely or will always be limited in the work you can do, you may have a permanent disability.

What can cause you to lose your Social Security disability benefits?

You Can Lose SSDI in a Few Different Ways

Going back to work: The most common reason for SSDI termination is the beneficiary returning to work. SSDI benefits are reserved only for people unable to engage in what the SSA describes as “substantial gainful activity” (SGA).

What is the most approved disability?

What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.

Can you collect Social Security from two husbands?

Yes, you can. Notify the Social Security Administration that you were married more than once and may qualify for benefits on more than one spouse's earnings record. They will be able to tell you which record provides the higher payment and set your benefit accordingly.

Can ex wife claim my pension years after divorce?

There is no hard and fast rule on this. Generally, a claim can be brought at any time until a consent order is put in place. However, waiting too long after your divorce could make obtaining a share of your former spouse's retirement benefits more difficult, or even impossible.

Will I lose my ex husband's pension if I remarry?

If you remarry, you cannot collect benefits from an ex-spouse. If you are divorced from more than one spouse and meet the requirements for both ex-spouses, you can claim benefits from the higher earning spouse.

Can you collect spouse Social Security and your own?

Yes. If you qualify for your own retirement and spouse's benefits, we will always pay your own benefits first. If your benefit amount as a spouse is higher than your own retirement benefit, you will get a combination of the two benefits that equals the higher amount.

Who is not eligible for spousal Social Security benefits?

To qualify for spouse's benefits, you must be one of the following: 62 years of age or older. Any age and have in your care a child younger than age 16, or who has a disability and is entitled to receive benefits on your spouse's record.

What are the rules for spousal benefits?

For spouses to receive the benefit, they must be at least age 62 or care for a child under age 16 (or one receiving Social Security disability benefits). In addition, spouses cannot claim the spousal benefit until the worker files for their benefit.