Full question: I am a divorce married to my ex for more than 10 years. My question involves family maximum, I saw this and I’m wondering if I qualify for my full share of benefits from my ex-husbands retirement. My adult disabled son is getting benefits from my husband’s retirement but I was told I can’t get more because of it’s a family maximum. But then I saw this, I’m not sure what it means for me..Yes, there is a family maximum benefit for Social Security, but it generally does not include benefits paid to an ex-spouse. The family maximum is the total amount that can be paid on one person’s Social Security record, and it includes benefits paid to the worker, their current spouse, and any eligible children. Benefits paid to a divorced spouse are not included in this calculation and are not subject to reduction due to the family maximum, according to the Social Security Administration. I appreciate any advice you give me. Thank you

Hi there,

You are correct in your understanding that benefits paid to a divorced spouse are not included in the family maximum benefit (FMB) calculation. Since you were married to your ex-spouse for more than 10 years, you may be eligible for benefits based on his record, independent of the benefits your adult disabled son receives.

The FMB applies to the total amount that can be paid on a worker’s Social Security record to their current spouse and any eligible children. As an ex-spouse, your benefits would not be reduced because of the FMB that affects your son’s benefits from your ex-husband’s retirement.

For a more detailed review of your situation and to confirm your eligibility, I recommend contacting the Social Security Administration directly. They can provide specific information tailored to your case.

I hope this clarifies your concern.

Warmly,
Martha

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