Is It Correct That My Friend Can't Draw Benefits On Her Second Husband's Record Because She Married Prior To A Certain Age?

Mar 27 2019 - 4:07pm

Hi Larry,
A friend divorced her first husband after 10 years and remarried at 63. She divorced recently and her second marriage lasted also more than 10 years. She is currently receiving SS on the first husband and would like to apply for benefits of the second husband as the benefits will be higher. However, she was told by SS that she is ineligible to receive benefits on the second husband because "she was not of SS age when she married her second husband"... Is that correct? All information we can find online says she should be eligible.
Thank you!

Hi,

No that's not correct. The age at which your friend got married to her second husband is irrelevant as to whether or not she could qualify for divorced spousal benefits on his record. But, she couldn't qualify for divorced spousal benefits on her second husband's record unless he is currently either deceased, age 62 or older, or is drawing his Social Security benefits. For a full list of the requirements for divorced spousal benefits, refer to the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html.

Best, Jerry