Can My Ex-Husband Draw Divorced Spousal Benefits On My Record If He's Remarried?

Dec 15 2016 - 12:15pm

My ex-husband (b. 12/23/52) and I (b. 2/10/52) were married for 25 years, divorced 12 years ago. He remarried at age 62.

Is he eligible to draw divorced spousal benefits on my record since he was older than 60 at remarriage?

I plan to draw on his record when I reach FRA, and delay taking my own SS till age 70. Only fair for him to do same if he qualifies.


Hi Lissa,

No, your husband can't qualify for divorced spousal benefits on your record as long as he is remarried to someone else.

The exception for remarriages that occur at age 60 or later only applies to widow(er) and surviving divorced spousal benefits, not divorced spousal benefits on a living ex's record.

Best, Jerry