Do You Know Of Any Exceptions That Would Apply In My Case?

Oct 20 2017 - 6:44am

Have there ever been acceptions to the rule about divorced and remarried couple and social security? I was married for 25 years during my former husbands prime earning years. We agreed for me to be a stay at home mom. We divorced and I remarried at 49. I am still married and my former husband died this year. I will not take my social security until I'm 70. *I just got my denial letter from social security saying that I do not qualify for widow's benefits. I disagree with the decision and will file a request for reconsideration as I feel entitled to my first husband's social security. *My second husband is retired from the Federal Government and does not have social security and he is not required to include me in his retirement. I do know that If I am no longer married I would be eligible for my first husband's social security. I plan to stay married. If you know of any acceptions to the rule I would be very grateful to hear the situation. Thank you! Cheryl

Hi Cheryl,

Sorry, but no. If your current marriage occurred when you were age 49, you couldn't draw benefits on a former spouse's record as long as your current marriage continues (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0406.html).

Best, Jerry