QUESTION

Can I collect a portion of my ex husband's disability benefits?

Asked on Jul 08th, 2014 on Divorce - Oklahoma
More details to this question:
My ex husband is now receiving disability benefits from when we were married. Can I collect a portion as part of lack of support for that time period?
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1 ANSWER

Generally, an ex-spouse may be able to receive some disability/retirement benefits under a former spouse's record, if you are disabled or retired, and meet all the other criteria (such as being married to the former spouse 10 or more years, etc.). You will likely not be able to obtain money from the other spouse to just make up for past child support, unless you fit the very limited circumstances. If you have a judgment for past due child support, you may wish to advise SSA of the claim, as they will be able to tell you, under your particular facts, whether you can or not.
Answered on Jul 09th, 2014 at 5:34 PM

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