Do I Qualify For Benefits On My First Spouse?

Jul 31 2020 - 5:41pm

I was married for 20 years. Divorced him and got married 4 years later. Do I qualify for 1st. Spouse. My divorce attorney said he doesn't get my social security but I get his. I lived in California with 1st spouse Laura

Hi Laura,

What state(s) you lived in is irrelevant. You can't draw benefits on the account of a living ex-spouse if you are currently married. If you're unmarried you can potentially qualify for divorced spousal benefits as early as age 62 if you meet the other requirements (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

If your ex-spouse is deceased, you can potentially qualify for surviving divorced spousal benefits if you're either unmarried, of if you remarried after age 60. Surviving divorced spousal benefits can be claimed as early as age 60, or age 50 if you're disabled.

Best, Jerry