Can I Collect On My Ex's Record If I'm Remarried?

Aug 30 2017 - 7:53am

I am 58 years old. I married my second husband at age 51. My own earnings record is dismal. (Projected benefits of $300 month). My husband is 62 and is currently collecting SSDI of $1200/month. (And has been for 5 years). I have a previous marriage of over 10 years. My ex-husband is a very high earner and I suspect his SS benefit would be about as high as one could get. We are willing to divorce after 10 years of marriage if it means I will be able to collect on my ex's record. My question is wanting to remarry my current husband after the age SS requires, and still be able to collect on ex-spouses record. If my ex died after my "remarriage" would I still be able to collect survivor benefits? Obviously I am willing to jump through hoops to not live in total poverty. I want to have the right answers, and the right timing.

Hi,

As long as your ex-husband is living you can't draw benefits on his record if you are currently married to someone else, regardless of your age at the time of your remarriage. If your ex-husband dies, you could potentially draw surviving divorced spouse's benefits if you are unmarried, or if you are married and your remarriage occurred when you were age 60 or older (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html).

Best, Jerry