Ask Larry

Can I Still Draw On My First Husband If My Second Marriage Ends?

I was married for 18 years to my first husband. We divorced. I have remarried. If I do not remain married to the second husband for ten years and we split up can I still draw on my first husband's social security benefits? Or did the second marriage nullify those?

Hi,

Yes, if your second marriage ends by death or divorce you could potentially become eligible for divorced spousal benefits on your first husband's record. Refer to Social Security's handbook to see the requirements for divorced spousal benefit eligibility: https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html.

Best, Jerry

Posted: 
Sep 21 2017 - 8:06am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.