Ask Larry

Can I Draw Off Of My First Husband?

If my first marriage ended in Divorce after 22 years and my second ended in Divorce we were married 14 years but separated after 4 years but remained married until the divorce can I draw off of first husband

Hi. As long as you aren't currently legally married, you could potentially qualify for benefits on your first spouse's Social Security record provided that you meet the other requirements. For example, assuming that your ex is still living, in addition to you being unmarried both you and your ex would need to be at least age 62 or he would have to be drawing his Social Security. The full requirements for divorced spousal benefits are outlined in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html.

Best, Jerry

Posted: 
May 18 2021 - 7:58pm
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