Q & A

Can I File on My Ex’s Record while on Disability?

Full Question: I get disability of $1,603 monthly. My ex just retired and is remarried. We were married for 21 years. He is 65 and I’m 63. Do I qualify for any of his SS? He retired as a major on the police force after 34 years. I’m sure that he made well over six figures at retirement two years ago.

Answer: You can file for a spousal benefit now or at full retirement age. It will be an excess spousal benefit calculated as half of his full retirement benefit less 100 percent of your full retirement benefit. If this excess divorcee spousal benefit is positive and you take it now, it will be reduced because you are taking it before full retirement age. If it’s negative, it will be set to zero. That, unfortunately, is your case. Your disability benefit of $1,603 is well over half of the maximum current full retirement benefit. Read more…

SourceLaurence Kotlikoff, Forbes Contributor

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