I'm Divorced, Can I Get Benefits From My Ex-Husband?
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Dear Rusty: After 16 years of marriage, we were divorced. I have never remarried, but he has. When he starts collecting Social Security (he is 64 now and still working), is it true that I can claim ex-spousal benefits or does that go to the current wife? How would I find this info? Signed: A Divorced Spouse
Rusty’s answer in brief
Yes. An ex-husband’s remarriage does not affect a former wife’s eligibility, and both she and the current wife can collect on his record at the same time. She qualifies if the marriage lasted more than 10 years, she is at least 62 and not remarried, and her own full-retirement-age benefit is less than half of his.
If they have been divorced for at least two years, she can claim even before he starts collecting. Claiming before her full retirement age reduces the amount. To apply, she will need the divorce decree and his Social Security number, or his date and place of birth and his parents’ names.
This recording presents the viewpoints of the AMAC Foundation’s Social Security Advisory Staff, trained and accredited under the National Social Security Advisors program of the National Social Security Association, LLC (NSSA). NSSA and the AMAC Foundation are not affiliated with or endorsed by the United States Government, the Social Security Administration, or any other state government. To request additional information, contact our Advisory Staff at 888-750-2622, or email us at SSAdvisor@AmacFoundation.org.