Will I Be Eligible For Divorced Spousal Benefits?

Jan 13 2017 - 6:30am

Hello. I am entering divorce agreement negotiations with my second husband of only five years. My first marriage was eleven years. I do not have a pension benefit of my own, working part time in the non-profit sector for only twenty years. I am 58 years old. Am I entitled to draw a divorce spousal benefit from either spouse? If not, I would like to include a loss of this benefit in my negotiations and would like to understand what figure I may have lost by giving up the draw on the first husbands earnings. Both husbands are high wage earners. Thank you, Debbie

Hi Debbie,

It sounds like you'd be eligible in the future for divorced spousal benefits on your first husband's record (https://www.ssa.gov/planners/retire/divspouse.html). Both you and your ex-spouse must be at least age 62, though, or he must be deceased or receiving his benefits in order for you to be eligible for benefits on his record.

The fact that you remarried someone else and divorced again will not disqualify you from receiving benefits on your first husband's record. However, you won't be eligible for benefits on your second husband's record if your marriage lasts less than 10 years and ends in divorce.

Best, Jerry