Your Ex-Spouses’ Social Security Disability Benefits: Are You Entitled?

By Sara Khaki January 1, 2025 SSI Eligibility Social Security Disability Benefits
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Jan 1, 2025 | Sara Khaki

Are you in the process of retiring and thinking of contacting the Social Security Administration (SSA) to access your retirement benefits? Are you divorced and your ex-spouse is on disability or entitled to Social Security retirement? If you answered yes to any of these questions, then you can contact the SSA regarding your benefits as well as your ex-spouse’s benefits.

Here are some important facts and requirements you need to know:

  • You may be entitled to receive benefits on your ex-spouse’s record even if they have remarried
  • Your marriage lasted 10 years or longer
  • You are unmarried
  • You are age 62 or older
  • Your ex-spouse is entitled to Social Security retirement or disability benefits
  • The benefit you are entitled to received based on your OWN work is LESS than the benefit you would receive on your ex-spouses’ work; the SSA will pay the higher of the two benefits for which you’re eligible but not both benefits

In the event you have remarried, you would not be eligible to receive benefits on your ex-spouse’s record unless the later marriage ended by divorce, annulment or death. You may apply for benefits on your ex-spouse’s record even if your ex-spouse has not retired as long as you divorced at least 2 years before applying.

Will my entitlement change if I want to wait until full retirement age? What if my ex-spouse is still working? What if my ex-spouse is deceased?  If you decide to wait to apply for your ex-spouse’s benefits then your benefits will be equal to half (1/2) of your ex-spouse’s full retirement amount or disability benefit. This would be the same if your ex-spouse is deceased at the time you apply.

If you have any additional questions, then please contact The Atlanta Divorce Law Group. Our team is here to help guide you through the process to make sure you receive any benefits you may be entitled to receive.


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