Can I Still Collect Off Of My Ex-Spouse's Record If I'm Living With Someone?

Aug 22 2019 - 3:36pm

Hi....my question is: I was married to my 1st husband for 18 years then we divorced. I have not remarried but have lived with someone for 13 years in Oklahoma. I dont plan on getting married. So when my ex husband and i reach retirement age.....can i still collect off of his SS?
THANK YOU.....Kristin

Hi Kristin,

Yes, as long as you aren't currently married you can potentially collect divorced spousal benefits if you meet the other requirements (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). Merely living with someone wouldn't adversely affect your ability to draw benefits on the record of a prior spouse, provided that you haven't established a common-law marriage (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0307.html). Common-law marriages are recognized under Oklahoma law, but in order to establish a common-law marriage an actual and mutual agreement between the spouses to be husband and wife must exist.

You may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to explore and compare your filing options so that you can determine the best strategy for claiming your benefits.

Best, Jerry