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Can I Get Benefits On My Ex-Spouse's Record If I Remarried After Becoming Disabled?

Dear Larry,
I was married for over 25 years when I became disabled. I was under age 50 at that time. I was divorced, remained single for a number years, and remarried 6 years ago. My ex-husband is approaching retirement age. I have read that that if I became disabled before age 50 I could draw on my ex's social security if it was higher than mine, even if I remarried. Do you have a definitive answer? I appreciate any help you can give me.
Thank you,
Robin

Hi Robin,

Disabled or not, you can't draw benefits on a living ex-spouse's record as long as your remarriage continues. There is a regulation that allows remarried surviving divorced spouses to still qualify for benefits on a deceased ex-spouse's record if their remarriage occurred after age 50 and after they became disabled, so maybe that's what you read about (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300207003).

You don't mention your current age, but you may want to consider using the maximization software available on this website to explore what filing options you may have.

Best, Jerry

Posted: 
Oct 15 2017 - 9:25am
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