If you get Social Security Disability benefits, your spouse or former spouse may be able to claim benefits on your record. It depends on certain requirements as to whether he or she can claim the benefits. It also may have an impact on the amount he or she receives. It is important to understand how claiming benefits on another person’s record works before you make the decision to do so.
According to the Social Security Administration, your spouse may receive benefits on your record if he or she cares for your disabled child or child who is under the age of 16. Alternatively, he or she may claim benefits if he or she is over the age of 62. However, if he or she collects retirement benefits from Social Security and gets more than you, he or she cannot collect on your record. It is possible for your spouse to get a combination of benefits to get the maximum amount he or she can.
A former spouse may collect benefits on your record if your marriage lasted at least ten years, and he or she must not be remarried. In addition, he or she must be at least 62 years old and cannot be eligible for higher benefits on his or her own record.
It is important to note there is a family limit for benefits. If your spouse receives benefits on your record, the combination of your benefits and his or hers cannot go over the family limit. Your spouse would see a reduction in his or her benefits to get under the family limit. An ex-spouse’s benefits do not count towards your family limit.