One of our common questions is whether or not a spouse of a disabled individual is entitled to benefits of their own. Our answer is: it depends. Spousal benefits are available if you meet one of the following criteria.

 

Currently Married Spouses

  • If you are currently married and 62 or older you may qualify for your own benefits. However, you can only collect benefits if you do not already collect more Social Security benefits than your spouse, this included retirement.
  • You may also qualify regardless of age if you are caring for a child 61 and under.

Divorced Spouses

  • If you have divorced an individual receiving disability benefits you may also qualify for benefits. As with married spouses you must be at least 62 years old and must not be making more on your own Social Security benefits. In addition to this rule you must not be remarried and must have been married to your former spouse for 10 years or more.

Deceased Spouse

  • If your spouse passed away while receiving disability benefits you will be entitled to benefits on their behalf. You must be 60 years old or older to start receiving their benefits.
  • You may also use your spouse’s work credits in your own disability claim if you are 50 years or older.

If you have any questions about spouse’s benefits or need help applying for disability call our office today. Our experienced attorneys will fight for you to get what you deserve. Consultations are always free and there are $0 upfront costs. We only get paid if you do. Call today.

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