Can I Claim Benefits From My Ex-Spouse And My Current Spouse?

Aug 2 2020 - 9:48am

Larry,
I was previously married for 20 years to a man that built a good retirement plan with me, he worked nights and I worked Days and raised 3 boys,. We divorced in 2008, he took everything from me and has come between me and my youngest son. He still lives in the home we purchased but now with his current spouse. He is 60 and I am 59. I worked all these years being self supportive and dealing with fibromyalgia, never gave into to big pharma drug use or gave up movement, maintained my body and soul. My question is in reference to my social security benefits which would be 676.00 at 62 can I claim my ex spouse and current spouse benefits, current spouse is 5 years younger than me. I can not survive on just my benefit it will rake that much just to cover my basic medical insurance..any info you can share with me would be helpful.

Thanks so much,
Mary

Hi Mary,

Sorry, but no you can't qualify for divorced spousal benefits on a previous spouse's record if you're currently married. And, the only way that you could collect spousal benefits from your current spouse's record is if he is drawing either Social Security retirement or disability benefits. However, if your current ends in death or divorce you could then potentially qualify for divorced spousal or survivor benefits on your first spouse's record if you meet the other requirements (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

Best, Jerry.