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January 7, 2021
Category:
Should I Have Been Able To Collect Benefits On My Ex-Spouse's Record?
After nearly 20 years of marriage and having 3 children together my ex spouse and I divorced. In 1994 he started getting SSDI. Two of our children were still under 18 so they got income from his SSDI. I as his ex spouse got nothing. Was i suppose to have been able to collect from his SSDI too? He was 40 and i was 40 at the time. In 2000 I remarried. He died in 2007
Hi,
No, it doesn't sound like you could have qualified for any benefits. In order to receive benefits on the Social Security record of a living ex-spouse, you must be unmarried and be at least age 62. That's true whether or not you have children in your care.
To qualify for survivor benefits as a divorced spouse, you must a) be at least age 62 or have a child in care who is either under age 16 or disabled, and b) you must be unmarried unless your current marriage occurred after you reached age 60.
Best, Jerry