ex husband - Disabilities Message Board

sosickofthis · 08-24-2009, 10:05 AM

I was wondering also, I was married to my ex husband for almost 11 years (been divorced 4 years), will the amount I receive IF approved have anything to do with his income or will it be solely based on mine. I know if I reached full retirement age I could've drew of his social security (retirement).we have 2 minor children that live with me what will their amount be based on.

gayle4102 · 08-24-2009, 11:04 AM

Hi, I am no expert, but I can tell you what I was told. I was married for 16 years, divorced for 20+ years (never remarried). When I filed at the local SS office, I even took my marriage license and divorce paperwork, to prove I had been married the required 10 years. They made copies of these and put them in my file.

The lady at the SS office told me that for normal retirement, since we were married the minimum 10 years, I could retire on my income history, or 1/2 of his amount. In my case, 50% of his would have been much more than 100% of mine. But for disability, I could only use my amount.

I don't know about the children - maybe someone else here knows.

BeHappy2 · 08-27-2009, 04:06 AM

Quote:

Originally Posted by sosickofthis

I was wondering also, I was married to my ex husband for almost 11 years (been divorced 4 years), will the amount I receive IF approved have anything to do with his income or will it be solely based on mine. I know if I reached full retirement age I could've drew of his social security (retirement).we have 2 minor children that live with me what will their amount be based on.

At the time you applied for SSD, papers filed should have asked whom you were married to and dates of marriage and of any divorce dates. SS would also have asked about children born.

Their website SSA.gov keeps update of any rules that change. Since you are presently in this situation, you applied for SSD, been divorced and have children their website will be very helpful to you. Changes are often made and you may need to keep up on all of this.

Applying alone is stressfull keeping up muchless all the other rules with children and such.

Wish you well
BeHappy2

sosickofthis · 08-27-2009, 10:24 AM

yes, i had to give dates of marriage and divorce dates thats why i was unclear about whose record i would draw on. i even had to give his SS# and DOB

gayle4102 · 08-27-2009, 11:20 AM

This thread has me wondering, and sent me to my bookshelf - I still have many of my old law text books.

When I filed for SSDI in May 2008, I thought that if I won, I would be getting 50% of my ex's amount, which is why I took my marriage license and divorce papers with me - as solid proof we had been married the required number of years. For me, it makes a difference, because 50% of his amount is more than 100% of my amount.

I remember being very surprised when I filed at my local SS office, when I was told that I could only file on my ex's for regular retirement, not disability. So, I just now pulled an old book off the shelf, and there is is: in a 2001 law book ... you can qualify for auxiliary disability benefits as a divorced spouse, if you were married at least ten years, and had not remarried.

No wonder I was surprised! I had read the 2001 book, but had not checked the website for any changes in the law.

Like sosickofthis, I am unclear. But, if I am approved, I will stay on top of it. Who knows if they will change the law again.