Social Security disability benefits on ex-husband’s record

Did you know that you can get Social Security disability benefits based on your spouse’s earnings, even if you are divorced? It’s true!

You are entitled to wife’s or husband’s benefits as the divorced wife or divorced husband of an insured person who is entitled to old-age or disability benefits if you meet the requirements of paragraphs (a) through (e). You are entitled to these benefits even though the insured person is not yet entitled to benefits, if the insured person is at least age 62 and if you meet the requirements of paragraphs (a) through (f). The requirements are that-

(a) You are the insured’s divorced wife or divorced husband and-

(1) You were validly married to the insured under State law as described in §404.345 or you were deemed to be validly married as described in §404.346; and
(2) You were married to the insured for at least 10 years immediately before your divorce became final;

(b) You apply;

(c) You are not married. (For purposes of meeting this requirement, you will be considered not to be married throughout the month in which the divorce occurred);

(d) You are age 62 or older throughout a month in which all other conditions of entitlement are met; and

(e) You are not entitled to an old-age or disability benefit based upon a primary insurance amount that is equal to or larger than the full wife’s or husband’s benefit.

(f) You have been divorced from the insured person for at least 2 years.

For most individuals, the important factors are that both you and ex have to be at least 62 years old, you are unmarried and you have to have been divorced for at least 2 years.

Click to read Social Security’s §404.331 form more information on who is entitled to wife’s or husband’s benefits as a divorced spouse.

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Disclaimer: This is NOT legal advice. This site provides general information about Social Security disability cases in Colorado. To discuss your particular circumstances, please contact a lawyer in your area. Please review the full disclaimer .

About Tomasz Stasiuk

Tomasz Stasiuk is a Colorado Springs Social Security disability lawyer and the founding attorney of the Stasiuk Firm - a law firm specializing in Social Security disability cases in Colorado. Follow Tomasz Stasiuk on Google and Twitter