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

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

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.

Recent Blog Posts

What Is Virtual Visitation in Georgia Custody Cases?

If you and your spouse want to get a divorce, you may wonder how you will continue parenting your...

How To Navigate Divorce With a Special Needs Child

Navigating divorce with a special needs child poses specific challenges. Thinking through the custody and financial implications with your...

The “Hoovering” Tactic: When a Narcissist Tries To Pull You Back In

Narcissists need to dominate and be in control. A divorce can challenge their sense of dominance, whether you initiated...

View All Posts

Our Locations

Atlanta Office

Atlanta Divorce Law Group 1100 Spring Street NW
Suite 400 B
Atlanta, GA 30309

Get Directions

(678) 228-8688

Alpharetta Office

Atlanta Divorce Law Group 12735 Morris Rd Ext,
Building 200 Suite 300
Alpharetta, GA 30004

Get Directions

(678) 203-9893

Buckhead Office

Atlanta Divorce Law Group
3355 Lenox Road,
Suite 750
Atlanta, GA 30326

Get Directions

(404) 567-4155

Marietta Office

Atlanta Divorce Law Group
533 Johnson Ferry Rd
Suite D-450
Marietta, GA 30068

Get Directions

(678) 905-5746

Suwanee Office

Atlanta Divorce Law Group
593 Main St,
Suite B,
Suwanee, GA 30024

Get Directions

(770) 752-1985

Alpharetta Office West

Atlanta Divorce Law Group
5755 North Point Pkwy
Suite 206
Alpharetta, GA 30022

Get Directions

(678) 661-6168

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

Search

Categories