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I am 63 years old, disabled and collect SSDI. My ex-wife currently pays me alimony ($360 per month) and will do so until I turn 65. I cannot work, and I’m worried I won’t be able to support myself solely on my SSDI monthly income without that additional $360.
We were married from 1980 until 2017. She was the plaintiff in the divorce and filed on the basis of irreconcilable differences. I don’t have a copy of our marriage license, but I do have the divorce decree. I have no way of obtaining her Social Security number. She currently lives in Florida. (Her return address on the alimony checks is a Florida address.) She was born in 1959.
She is currently, or had been self-employed as a licensed mental health counselor. I don’t know her current employment status now, as we have no contact with each other. Therefore, I don’t know if she has filed for Social Security benefits.
I believe she inherited a significant amount of money when her mom passed away not long after the divorce which (I’m guessing) she has in a trust fund. I was told I don’t have any rights to any portion of that inheritance, despite the fact that we were married 36 years.
Since she is in a much better position financially, I’m wondering if I have the right to claim a portion of her Social Security when she files, if she hasn’t already.
-R.
Dear R.,
You’d qualify for spousal benefits based on your ex-wife’s earnings. But that probably won’t do you much good. Social Security doesn’t allow for double-dipping. You can receive your own benefit or a spousal benefitbut not both. Social Security gives you whichever one is higher.
Social Security Disability Insurance (SSDI) benefits are based on your own earnings. Essentially, your benefit is calculated as if you’d reached full retirement age. But the maximum spousal benefit is just 50% of the other person’s full retirement age benefit.
Even if your ex-wife significantly…
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