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I was married for 23 years and have been eligible for disability for over a year though I am 57. I spent years raising his children when I could have been contributing to my own benefits. We divorced after 23 years and I'm told I can't draw on his benefits until he dies.

2007-10-16 06:56:11 · 12 answers · asked by midnite rainbow 5 in Family & Relationships Marriage & Divorce

12 answers

Right you can't draw off of his until He dies.....be patient....why not draw on your own.......unless your really greedy.

Debra is wrong.....He has to be six feet under or cremated....either way he has to be dead.....Been There Doing that NOW!!!!!

Call 1-800-772-1213 They will Have all the Correct answers.....I promise.

2007-10-16 07:00:47 · answer #1 · answered by Been There Done That 6 · 1 3

That is true, however, if you are eligible for disability, then apply for disability. Even if the two of you were still married, he gets his benefits until he dies and THEN you get his benefits when YOU reach retirement age if you are not old enough at the time of his death. Anyways, 57 is not the retirement age for benefits is it? Thought it was like 62 or 65. I'm thinking you would still have to wait.

However, a pension or 401K or other such retirement investments are a different story. You are entitled to a portion of that as soon as he starts getting it! Contact your divorce attorney to set it up.

2007-10-16 07:10:32 · answer #2 · answered by peggy m 5 · 1 0

Welcome to this effed up society. I feel your pain I have been disabled for 7 years and all I qualify for is a handicap sticker. I have been a stay at home mom for 13 years and now that my kids are at an age of independence I can't work. I need money more than ever right now and there is nothing I can do, I have tried. I am very sorry for your situation but unfortunately until this country changes its policies there is nothing that can be done. Write your congressman.

2007-10-16 07:08:12 · answer #3 · answered by Jesse 2 · 0 0

Sometimes it seems like social security is some sort of insurance policy when in fact it's nothing like that at all. It doesn't just simply get forwarded or transfered. Depending on certain situations, even in the case should he pass on, you may "still" be unable to collect his benefits. There are so many variables to this that no one person could explain it all to you online.

2007-10-16 07:04:41 · answer #4 · answered by orchard_littlejoe 2 · 0 0

You can't draw on his because you aren't the minimum age of 62. You can draw SS disability benefits if you qualify for them, but that is unrelated to your ex's benefit. If you have no work history and are not approved for SS disability payments, at age 62 you will be entitled to a percentage of your ex's benefit if it more than what you yourself would be getting, whether he is dead or not.

2007-10-16 07:02:57 · answer #5 · answered by curtisports2 7 · 1 0

File for your own benefits. Talk to your local Social Security offices and take any documentation back-up you have from doctors to prove you are eligible for disability. There are several different agencies that you might could tap for money.

2007-10-16 07:00:55 · answer #6 · answered by revsuzanne 7 · 1 0

If my husband is incarcerated can I draw off his social security when I turn 62 ?

2015-10-10 06:01:36 · answer #7 · answered by Peaches 1 · 0 0

I am not sure who told you that. My mother was married to my father for 25 years and then divorced him. She became disabled and she filed and she filed on his social security because she had never worked in her life. She drew it before he died and she drew it until she died and he was still living.

I helped my sister apply online for disability benefits and they wanted to know her previous husband, his social security number and the dates of her marriage and divorce. They were basing it on his records and not hers.
Check again at the social security office.

2007-10-16 07:01:53 · answer #8 · answered by mn lady 6 · 1 1

I would grt a lawyer and find out. I now you have to be married ten years. Good Luck.

2007-10-16 07:24:01 · answer #9 · answered by patches 4 · 0 0

HE has to be collecting SS in order for you to be able to draw on his...

2007-10-16 08:23:48 · answer #10 · answered by Anonymous · 0 1

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