Can I Draw SS From My First Husband?

Jun 24 2020 - 10:00am

My question is I was married for 27 yrs before divorcing my ex but remarried and now we are getting a divorce which will be finalized in November. Can I drawn SS from my 1st husband and what kind of paper work do I need. My age is 66 and planning to retire soon.
Thank you for your time.


My answer assumes that your first husband is still living. You could potentially qualify for divorced spousal benefits on your first husband's record as early as the month that your divorce from your second husband is final. You can only qualify, though, if your first husband is at least age 62 or drawing his benefits. And, if you're eligible for your own Social Security retirement benefits you couldn't be paid your own benefits and full divorced spousal benefits at the same time. The most you could be paid is basically the higher of the 2 benefit rates.

If you were born prior to January 2 1954 and if you haven't already started drawing your own benefits, you could potentially file just for divorced spousal benefits and let your own retirement benefit rate grow until you reach age 70. You may want to strongly consider using our software ( to analyze your various options so that you can determine the best strategy for claiming your benefits.

Best, Jerry