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Can I Draw Off Benefits Off Of My Former Husband If I Get Divorced?

Ok my husband is in a nursing home and he does not know no one...his family came and got him he had already told me he would want to go back where he came from if he got sick..ok IAM 64 years old and I draw half of what he makes on his social security he is 68 okay my first husband which was many years ago we have a son that's all the kids I have had he makes more money I was married to him over 10 years and yes I did get remarried I was wondering being I was married to him over 10 years is there anyway I can draw off of him if I can go and get a divorce from the one I am marry to now because he doesn't even know me or nobody. I get 816 a month ... I could use more to live off of everything's going up. I heard if you was married 10 years to a husband you could draw off of them is this so..

Hi. I'm sorry to hear about your husband's condition. Yes, if your current marriage ends in death or divorce it sounds like you could potentially become eligible for benefits on the record of a prior divorced spouse to whom you were married for at least 10 years. Your former spouse would either have to be deceased, or drawing his Social Security benefits, or be at least age 62 in order for you to potentially qualify for benefits on his account, though (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

Also, you couldn't collect benefits on the record of both of your spouse's at the same time. You could only be paid on whichever husband's record permitted you to receive the higher benefit rate. But, if you haven't been married to your current husband for at least 10 years, then a divorce would make you ineligible to draw benefits from his record.

Best, Jerry

Posted: 
Mar 22 2021 - 8:33am
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