Ask Larry

Can My Mother Collect Benefits Based On Her Living Ex-Spouse's Record?

Mother married for 20 years then divorced then remarried another man then widowed . Can she collect based of her living ex spouses record (first marriage)...fyi she is currently 74 and collecting on her own record since she made more than her deceased 2nd husband.

Hi. Possibly. Subsequent marriages don't bar a person from being able to qualify for divorced spousal benefits on a former spouse's record, provided that the subsequent marriage(s) has ended in death or divorce.

However, as long as her ex-husband is living, your mother would only be eligible for divorced spousal benefits if her ex's primary insurance amount (PIA) is more than twice as much as her own 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).

Best, Jerry

Posted: 
Oct 30 2021 - 5:11pm
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