Ask Larry

I was married for 17 years. My ex husband worked at his trade for 35-40 years. He started collecting SS disability at around 62, I had to file for SS disability myself recently at 57. I understand normally on SS I would have been able to eventually draw from his benefits, being that the benefit most likely would've been higher for me. Does that all change when either one of us files for SS disabiliity and not straight Social Security?

Hi,

You could still potentially be eligible for divorced spousal benefits if your husband is receiving Social Security disability (SSDI) benefits, but you must be at least age 62 to qualify for divorced spousal benefits. Becoming disabled would not entitle you to receive spousal benefits earlier than age 62, and even if you are disabled your divorced spousal benefit rate would be reduced for age if you file prior to full retirement age (FRA). Also, you'll only be able to qualify for divorced spousal benefits if your ex's primary insurance amount (PIA), which is the same as his full SSDI rate, is more than twice as much as your own PIA.

Best, Jerry