Can I Draw From My Ex-Husband's Social Security When I Retire?

Jul 29 2020 - 9:43am

I will be 66 in January i have been married 2 times can i draw my ex husband social security when i retired we were married 12 yrs he remarried

Hi,

My answer assumes that you're ex-spouse is still living. You could potentially draw benefits on your ex's record provided that you are unmarried, and if your ex is at least age 62 or drawing his Social Security benefits (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). You wouldn't be allowed to file for divorced spousal benefits, though, without also filing for your own benefits at the same time. So, you'll only be able to qualify for divorced spousal benefits if 50% of your ex's primary insurance amount (PIA) is higher than your PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing at full retirement age (FRA).

Best, Jerry