Can I Go Back To Social Security And Claim Benefits Off Of My Ex-Husband's Record?

Sep 28 2018 - 6:24pm

I retired at 62 because of anxiety, etc. My ex-husband (married 19 yrs) turned 62 two months ago. Can I go back and collect off his SS? He is still working.

Thanks

Hi,

You couldn't go back and collect divorced spousal benefits instead of your own retirement benefits, but you could potentially file for additional benefits on your ex's record. However, if your ex is still working and isn't yet drawing his benefits you'd need to have been divorced for at least 2 years in order to potentially be able to draw divorced spousal benefits. And, your ex's primary insurance amount (PIA), which is the same as his full retirement age benefit rate, would have to be more than twice as much as your PIA in order for you to qualify for any additional benefits from his record. If your ex dies before you, though, you could potentially qualify for survivor benefits if his full benefit amount is higher than yours.

You may want to contact Social Security to see if you could qualify for divorced spousal benefits, and if so what filing options may be available to you.

Best, Jerry