Am I Eligible For My Ex's Benefits?

May 11 2018 - 10:55am

Hi Larry, I've been divorce from my first husband in 1989, he passed away in 1996, since then I've remarried twice, I am now on Disability, am I egibile for his benefits?

Hi,

Assuming that you are at least age 50 and you were married to your first husband for at least 10 years then it sounds like you might qualify for surviving divorced spousal benefits (https://www.ssa.gov/OP_Home%2Fhandbook/handbook.04/handbook-0403.html). Your subsequent marriages would not bar you from drawing benefits on your first husband's record as long as you're no longer married or you remarried after reaching age 60.

However, you could only qualify for surviving divorced spousal benefits if your ex-husband's primary insurance amount is higher than your full disability benefit rate. You should probably check with Social Security to see if you might be eligible for any additional benefits.

Best, Jerry