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Social Security Q&A: Can I File Based On My Ex’s Disability Benefit?

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Question: My ex-wife is on full disability, has been for years, but will not have reached full retirement age when I do. My question: Since we were married for more than 10 years and have been divorced for more than two years, can I file for a spousal benefit when I reach full retirement at age 66?

Answer: If your ex-wife weren’t disabled, she would need to be at least 62 ​and you would have to have been divorced for two years or she would have to be collecting her retirement benefit for you to be able to file for a spousal benefit.

But the conditions are different since your ex-wife is disabled. You are free to apply for a spousal benefit even when she is under 62. You still have to have been divorced for two years when you file.

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