Ask Larry

Can I Receive My First Husband's Benefits If They're Higher Than Mine?

I was married to my first husband for 20 years. He has been deceased for 4 years. I remarried, but have been separated and on my own for over 2 years. I have received my own Social Security for over 3 years. Can I receive my first husband's social security benefits if it's higher than mine?

Hi. You can't become entitled to survivor benefits on the account of a former spouse if you are currently married and if your current marriage took place before you reached age 60. Therefore, if you married your current spouse prior to age 60 then you couldn't qualify for benefits on your first husband's record for as long as you remain legally married to your current spouse.

Best, Jerry

Posted: 
Apr 12 2022 - 2:49pm
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