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lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 29798
Experience:  Taxes, Immigration, Labor Relations
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I am currently receiving SSDI. I am 61 years old. My

Customer Question

I am currently receiving SSDI. I am 61 years old. My question is:
When can I receive benefits from my Ex husbands account if it is greater than my current SSDI?
Submitted: 1 year ago.
Category: Social Security
Expert:  lev-tax replied 1 year ago.

Because you are disabled - you may be able to receive social benefits based on your spouse's working record NOW.
If you are eligible for both your own retirement benefits and for benefits as a spouse, the SSA always pay your own benefits first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit.

To qualify fro spousal benefits as a divorced spouse - you should be married at least ten years - you you should not remarry.

Also - your spouse must be eligible and start his own social security benefits.

Customer: replied 1 year ago.
My ex is 62, not retired, and we were married for 13 years
Customer: replied 1 year ago.
How do I find out for sure what the benefits are and how do I apply?
Expert:  lev-tax replied 1 year ago.

So - you will be eligible fro spousal benefits only after he starts his benefits OR after he will reach his FRA that is 66.
You will be able to verify your eligibility and your spousal benefit amount if you contact the SSA - and provide supporting documents regarding the length of your marriage.

So - be sure you have these documents.

Your spousal benefits will be 50% of PIA - Primary Insurance Amount - that is generally benefits your ex-spouse would be eligible at his FRA.

Your benefits will be reduced if you start before YOUR FRA - if you were born in 1955 - your FRA is 66 years and 2 months.

Customer: replied 1 year ago.
I was born in 1954.... does that make a difference?
Expert:  lev-tax replied 1 year ago.

Yes - that will be a little difference - your FRA would be 66 - but because your are disabled - you are eligible immediately as soon as your ex-spouse starts his benefits.

Customer: replied 1 year ago.
Thanks for your help