What is the name of your state (only U.S. law)? Indiana. I am 52 years old and I have received disability for the last 10 years. My husband is 66 and gets his regular social security benefits. I know that if he were to pass away, I don't have to wait until I am older to get his benefits because I'm on disability. I would get them right away. He's emotionally abusive and I am considering divorce. We have been married for 32 years. Would I be entitled to his benefits since they are higher than mine in the case of divorce?