Ask Larry

Can I Claim My Ex-Husband's Social Security Benefit If He's Married?

I was married for 10 years and If I am divorced Now at age 60 can I claim my ex husbands social security benefit if he is married and I am not ?

Hi,

Unless you have a child in your care who is eligible for auxiliary or survivor benefits, the earlies you can claim divorced spousal benefits on the account of a living ex-spouse is at age 62. The fact that your ex is married has no bearing on your eligibility, but you must be unmarried to potentially qualify for divorced spousal benefits.

Furthermore, since you were born after January 1 1954 you can't apply for divorced spousal benefits on the account of a living ex-spouse without also being required to file for your own benefits at the same time. You can then only be paid essentially the higher of your own rate or your divorced spousal rate, and your rate will be reduced for age if you start drawing prior to full retirement age (FRA).

You may want to consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze the options available to you in order to determine your best strategy for maximizing benefits.

Best, Jerry

Posted: 
Aug 5 2020 - 9:53am
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.