Hi Larry, I took your advice a few years back and retired at 71. I am now 73, divorced in 1991, have not remarried. I was my former Spouse's second wife. He now has a 3rd. If he dies, am I allowed to claim his benefit if it is more than mine? ((I have not remarried) Sarah
Hi Sarah. I'm assuming that you were married to your ex-spouse for at least 10 years. In that case, then yes if your ex dies and if his benefit rate is higher than yours it sounds like you'd qualify for survivor benefits. You'd basically only qualify for the higher of your ex's benefit rate or your own benefit rate, though, not both. Your ex's marital status would be irrelevant when determining your eligibility for survivor benefits.
Best, Jerry