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Am I Entitled To Continue Drawing Benefits On My Ex-Spouse's Record, Or Not?

Hi. My husband and I were married 3 years and 7 months. I am 68 and he was 64 when he signed up for SS. I have been on SSDI for 18 years and SS for 3 years In December of 2022 he applied for SS when he turned 64 and I was giving a spousal benifit of 350 dollars. We recently divorced in January exactly one year after he signed up. When I received my divorce degree, I took it straight to the ss ofice and was told I would continue to draw the spousal benifit I am receiving. The worker said that because I was already drawing SS when he signed up that I could continure to draw. When I logged on the SS website for my statement, they had taken the spousal benifit. My question is am I entitled to continue to receive this benifit or not? Any information would be greatly appreciated.

Hi. No, you can't be paid spousal benefits on the record of a spouse to whom you're divorced, and you must have been married for at least 10 years in order to qualify for divorced spousal benefits. If your already drawing spousal benefits and you divorce prior to having been married for at least 10 years, then your spousal benefits are terminated effective with the month that your divorce becomes final (

The fact that you were drawing spousal benefits prior to your divorce makes no difference with regard to whether or not you can qualify for divorced spousal benefits. So, what the Social Security representative apparently told you was incorrect.

Best, Jerry

Feb 1 2023 - 1:38pm
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