Ask Larry

Am I Eligible To Collect Benefits From Both Of My Ex's?

Larry - I have had two marriages that lasted 10.5 years each - not planned that way but just happened! Both ended in divorce and I am not remarried. My ex's are both retired and collecting social security. My first ex served 21 years in the military while we were married. My second ex receives social security and disability. I understand that I am not eligible for receipt of any of his disability benefits - nor would I want to. I turned 67 in October and am also eligible for full retirement but to my own accord choose to continue to work until I turn 70. Am I eligible to collect social security benefits from both of my ex's due to each marriage lasting beyond 10 years? If not, is there a choice from which ex to receive SS benefits? Thank you, Susan

Hi Susan. Since you were apparently born after January 1 1954, you couldn't apply for spousal benefits on the record of a living ex-husband without being required to apply for your own benefits at the same time. And, you'd then only be paid the higher of the two benefit rates. Therefore, the only way you'd be eligible for spousal benefits from either of your former husbands is if your own primary insurance amount (PIA) is less than half as much as their PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

However, if one or both of your ex's dies you could potentially qualify for surviving divorced spousal benefits, but if you're already drawing your own benefits when that happens you could only be paid survivor benefits if your ex's full benefit rate is higher than your own benefit rate. If you do qualify for divorced spousal or survivor benefits, you couldn't be paid on both of your ex's records at the same time. You could only be paid on whichever of their records would pay you the highest benefit rate.

Best, Jerry

Posted: 
Nov 12 2021 - 4:40pm
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