Question:
My 100% disabled husband wants a divorce after 41 years of marriage and 14 years in the NAVY. What are my DIC and disability SS benefits as a divorced spouse? And can I take half of husbands Social Security and wait to apply for mine at age 66.6 full retirement? I am 62.
Jim's Reply:
Your post divorce benefits will be determined by the divorce court. I'm not able to predict just what the court will order in your circumstances but the court has a routine process for determining all of the appropriate payment schedules for who will owe what to who. All income must be reviewed by the court and this includes disability payments, retirement income and so on. Once the court has made the appropriate determinations you'll know what you'll be dealing with in the future and can go from there.
With respect to the Social Security question, the Social Security Administration is pretty good about helping you to make these determinations before and as you file for benefits. I find it simpler to visit the local SSA offices than to wait on hold on the phone although that's not a bad option. Since you need an accurate response PDQ, I'll suggest that you head to your nearby SSA offices and get the facts.