I have been divorced for over 10 years and not remarried but my former wife has. Can I collect my benefit when eligible as well as a portion of hers? She earned substantially more than I did through her working career. She is also part of the Virginia Retirement System.

Hi,

I can't really answer your question without more information, but it's possible that you could be eligible for divorced spousal benefits assuming that you were married for more than 10 years. Your ex's current marital status is irrelevant in determining your eligibility for divorced spousal benefits. To see the requirements for divorced spousal benefit eligibility, refer to Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html.

You may want to strongly consider using the maximization software available on this website in order to explore all of your filing options and determine your best strategy.

Best, Jerry