Please DO NOT POST questions in the comment section. They cannot be answered.
This post has lots of good information. The link to the Social Security Administration–SSA.gov–leads to even more. The resources posted by the government will answer all your specific questions. Everyone’s situation is different, but the basic principles are posted by the Social Security Administration. They also have other online resources and publications, staff located throughout the country, telephone access, in-person access, etc. Go to SSA.gov and look for the materials that pertain to your specific situation. If that doesn’t help, go to http://www.ssa.gov/pgm/reach.htm and you can find out other ways to contact the Social Security Administration.
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The Social Security Administration lists the criteria for claiming a divorced spouse’s insurance benefits:
A. The worker is entitled to retirement or disability insurance benefits;
B. You have filed an application for divorced spouse’s benefits;
C. You are not entitled to a retirement or disability insurance benefit based on a primary insurance amount which equals or exceeds one-half the worker’s primary insurance amount;
D. You are age 62 or over;
E. You are not married; and
F. You were married to the worker for 10 years before the date the divorce became final.
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The divorced spouse of a worker who is not entitled to retirement or disability insurance benefits, but who has reached age 62 and is fully insured, can become independently entitled to benefits on the worker’s earnings record. To do so, however, the divorced spouse must meet the requirements in (B)-(F) above and have been divorced from the worker for not less than two continuous years.
Benefits end when either
A.The spouse dies;
B. The worker dies (in this case the spouse may be entitled to widow(er)’s, mother’s, or father’s benefits);
C. The worker’s entitlement to disability insurance benefits ends and he or she is not entitled to retirement insurance benefits (unless the divorce spouse meets the requirements for an independently entitled divorced spouse, as explained in �311);
D. The spouse is under age 62 and there no longer is a child of the worker under age 16 or disabled who is entitled to child’s insurance benefits;
E. The spouse becomes entitled to retirement or disability insurance benefits and his or her primary insurance amount is at least one-half of the worker’s primary insurance amount;
F. The spouse and the worker are divorced, unless:
1. The spouse had already turned 62 when the divorce became final; and
2. The spouse and the worker had been married for 10 years before the date the divorce became final;
G. The spouse qualified for benefits only under the conditions explained in �306, and one of the following events occurs:
1. The spouse enters into a valid marriage with someone other than the worker;
2. Prior to January 1991, monthly benefits are awarded on the same earnings record to another person who qualifies as the legal spouse of the worker under the conditions in � 306; or
3. Prior to January 1991, the spouse obtains a divorce from the worker;
H. The spouse qualified for benefits only under the conditions explained in � 306 and later learns that the marriage is invalid;
I. The divorced spouse marries someone other than the worker. However, the divorced spouse’s benefit will not be ended by marrying an individual entitled to divorced spouse’s, widow(er)’s, mother’s, father’s, or parent’s monthly benefits, or to an individual age 18 or over who is entitled to childhood disability benefits; or
J. For an independently entitled divorced spouse, the worker is no longer fully insured or he or she marries the worker.
A spouse is not entitled to spouse’s insurance benefits for the month in which any one of the above events occurs.
Remarriage affects benefits as follows:
406.1 Does the remarriage of a widower or surviving divorced spouse affect widow(er)’s benefits?
Your remarriage after age 60 does not prevent you from becoming entitled to benefits on your prior deceased spouse’s Social Security earnings record.
406.2 Does the remarriage of a disabled widower or surviving divorced spouse affect widow(er)’s benefits?
Your remarriage does not prevent you from becoming entitled to benefits on your prior deceased spouse’s Social Security earnings records as long as:
Your remarriage occurs after you turn 50; and
Your remarriage occurs after you become disabled.
Note: If you remarry before you turn 50, you will not be entitled to survivor’s benefits, unless the marriage ends.
406.3 How does remarriage of a widow(er) or a surviving divorced spouse before age 60 affect widow(er)’s benefits?
If you remarry before age 60, you will not be entitled to survivor’s benefits, unless:
Your subsequent marriage ends, whether by death, divorce, or annulment; or
Your marriage occurred after age 50 and you were entitled to benefits as a disabled widow(er) or disabled surviving divorced spouse.
406.4 How does the termination of a remarriage of a widow(er) or surviving divorced spouse before age 60 affect widow(er)’s benefits?
If you remarry before you turn 60 and that marriage ends, you may become entitled or re-entitled to benefits on your prior deceased spouse’s earnings record. Your benefits begin the month the subsequent marriage ends. If the remarriage was absolutely void or was annulled from the beginning, see �1853.
I have received conflicting information from Social Security. My question is: do I qualify as an “independently divorced spouse” and am I entitled to receive social security benefits on my former spouse’s Social Security record
I am 62, never remarried, was married to my former spouse for 29 years, have been divorced for 10 years and I am not entitled to a higher Social Security benefit on my record although I have also worked.
I was first told at the Social Security office I was entitled to these benefits but later was told I was not, I was told my former husband would need to be receiving his own social security. The reason they gave me was because since he has not applied they would not know what benefits he would receive and therefore would not know what benefits I would be entitled to.
What is correct? I have called the 800 number for Social Security and have gone to my local Social Security office and each time I am given a different answer.
Thank you.
What happens if I marry a divorced man and he was married for 10 years. and we are married for 15 years, am I as his second wife entitled to any social security benefits?
My X-wife and I divorced in 1982, I remarried in 1993. She has not remarried. I am 64 as of 1/2/2007 and she will be 64 as of 8-26-2007. I have not applied for SS benefits. Can she apply for and draw benefits on my SS. She wants to retire and apply for benefits on 3/1/2007. If she applies how much monies will she be intitled to?
I am the 62 yr. old widow of a disabled man. (I myself am not disabled.) I have been drawing Social Security benefits for two years. Am I entitled to Medicare at my age, 62?
I would like to know if I am entitled to draw social security in the future from my x husband.We were married for 10 yrs. and I am not remarried?
Thank you
I have a question. My husband’s ex-wife drew money on him when she turned 62 they were married for over 10 years but she had her own business during this time. Isn’t there a law that states she can only draw on his SS if she is NOT working?
Also, He has recently died and I want to know if she can still continue to draw? Also and most importantly, I think there was a law that passed recently stating I can draw on my SS and his SS now……..I can have both not just the highest amount. I live in SC if that makes any difference. Can you tell me if this law is true?
Thanks,
I am 62 and draw benefits because I am the widow of a disabled man. Can I get Medicare now?
I’m married to a man who is 55 and I’m 63. I would like to retire and draw social security, but, if I draw on mine now I will be getting the lowest amount and it will stay that way on my ss. I have not made that much income. Can I draw on my husband’s even though he is not old enough to get SS.
How do I go about seeing all the answers to all the questions posted above on the subject of divorces spouses?
My ex husband received social secuirty benefits at 62 years old. I will be 62 this December. Can I receive my ex husband benefits now while I am still working. Also, is there a limit of what I can make and still receive his full benefit while I am still working.
Thanks you,
Ms. Kealy
I am disabled at the age of 58 I was married to a man for 13 years. Will i be able to draw off of his ss benefits when I turn 62 and what percentage will I be able to draw. He has since remarried.
Jacqueline Bowker
I am 51 yrs old, have been divorced for more than 15yrs, and was married for 13 yrs. I know I can collect on my ex-spouses SS benefits when I reach age 62 , but will it be 100 percent, or 50 percent? I’d like to know if it’s a significant amount compared to my SS benefits, since I’ve only worked for the past 11 yrs. My ex has remarried, I have not. I’m wondering if I should remain single, based on the amount of benefit I would receive?
I am 62 and receiving my deceased husband Social Socurity benefits and plan to remarry in the near furture. Will I lose my deceased husband S.S benefits after remarrying?
I’m newly divorced after 26 years. I left a $65,000.00 a year position to follow her to Texas. After looking for 3 years to find employment to no avail. I think there is age discrimination going on. She divorced me for that or for poorer. When I start drawing my retirement at 59 and a half. Can I draw on her retirement before she starts to draw on hers at 66 and half? I’m still can’t believe no one will hire me. I still have about 20 years left in me. Besides everyone believes I’m only in my early 40’s.
I was married from 1981 to 2003. October 03 we were divorced and in Jauary 04 he was killed in an accident. I am now 60 and want to know if I am entitled to any benefit. We had no children together and his 5 are between the ages of 40 and 52. Thank you.
I was married in 1968 and divorced in 1989. I remarried in 1992. I am currently separated from my second husband and will eventually get a divorce. When that happens, at the age of 62 will I be able to draw ss from my first husband?
I was receiving survivors benefit from my first husband until it ended when my child was 18. I remarried in 1997 and am getting a divorce from my 2nd husband in2008. I was told I could start back my survivors benefit from 1st husband when I reach age 60, I am 58 now.Is this true and if so when I reach 62 can I change to my own social security or is it whichever is more?
I also have a question I would like answered. I also get mixed answers from the SSn offce. I was married to my ex for 24 years. Divorced and remarried my husband was killed after 4 years. I was told I was not entitled to his (deceased husdband) SSN because I remarried two years ago at the age of 57. Prior to my remarriage I was medicall disabled by Federal Service (Office of Persoal Management ) which I have not paid social security into, therefore does section section 406.2 apply to me since I remarried after I turned 50 can’t I draw my deceased husbands SSN instead of my present husband since his ex-spouse wiill also be drawing his entitlements? My deceased husbands ex-wife is also deceased. Please advise.
I will be 62 in October. I am currently married to a man 48. We have been married for 24 years. My first marriage ended in the death of my husband. He was older than me. I received SS benefits for my children and myself until I remarried and the kids reached 18 yrs old. I had a very short 2nd marriage to a man 7 1/2 yrs. younger than myself that ended in divorce. Am I able to draw from any of my husbands? Thank You
I have 2 questions. The first one is this I have married to a man 12 years older then me and he will draw ssc sooner then me but he is divorced for 13 years now he was married the first time for 10 years can she draw ssc from benefits. Also how would that affect my ssc when the time comes. Question 2 I have a mother that is now drawing from ssn she was married to my father for 20 years has been divorced for now for 20 years from him never remarried can she draw from his ssn also he has been married a second time then divorced which wife would receive some of his ssn benefits that he is already receiving. Your help would be appreciated.
I divorced my husband after 16 years ofmarriage. I remarried but and ended up divorcing after four years. I will be 62 shortly and my question is can I receive social security benefits based on my second husband work? If so, does he have to be drawing benefits for me to receive any? I know I do not qualify to receve any benefits on my first husband’s “pension” from the state, because iI turned it down when we divorced. Thank you
Janet Lagouranis said:
August 2nd, 2006 at 2:04 pm
I would love to know what the answer to Jamets questions here was for I am curious with the same question.
If I was married to a man for 14 years and then divorced from him in 1984 and remarried for 12 years and am now divorced from him since 2000 can I collect social security from 1st husband at age 62. please reply to email address. thanks
I was married to a man for 13 years, divorced, and remarried to a man who is fixing to have to go on disability. I am 65 now, do I have any rights to benefits from my first husband. He has passed away now, no one is drawing benifits from him.
I am now 66 years old and was married to a x husband for 13 years before I was divorced from him, he commited bigamist and married a woman when we were only married for 3 years and we had Two children together and he did not support us in any way, he’s still with this woman as man and wife and never remarried legally only married when he was still married to me. I am now disabled and so is he but I remarried years later and was re married for almost two years before second husband passed away. I am getting my S/S under my name and a widows pension from husband # 2. Am i entitled to any money from my first husband since we were married over 10 years. and if he pass away will the second wife be entitled to anything if they are not legally married because he commited bigamist?
I was married for 40 yrs…now my husband wants a divorce so he can remarry. He is 62 I am 58. I will not remarry. Can I draw from his SS when I reach the age of 62 ? Although I have worked all my life his SS will be alot more than mine. Will I have to split his SS with new wife? I can not get a stright answe from SS. They just don’t seem to know. Thanks barb
Can I collect on my ex husband’s social security benefits when I turn 66 even though he will be 62 and not have applied for SS benefits yet?
We were legally married for 27 years.
I also have my first ex husband who I was married to for 10 years.
He is 4 years older. So he will be 70 when I apply for benefits.
But, he is a 100% disabled Vietnam Vet. Not sure if he even recieves SS benefits.
Bridget DelMastro
Husband actively employed.
HIs ex-spouse disabled at age 52.
They were married over 10 years.
She is collecting SSI for 8 years and Public (State) Assistance.
She has been married 2 additional times (1st-divorced after 2 years & 2nd still married to this man). She also works in food service.
Can she collect SSI from my spouse due to her disability?
With 2 additional marriages?
And working?
I am 63 and drawing benefits since age 60 as the widow of a disabled man. Can I compare what I would draw based on my own earnings?
I was married for 27 years to my first wife. My ss benefits will greatly exceed hers. I am about to get remarried; my question is assuming I stay married, what rights and benefits will my second wife have to my social security benefits once my first wife starts recieving her benefits?
I was married for 16 years to husband A. Divoiced in 1984 to husband A. Remarried in 1985 to husband B. Husband B died recently. Am I able to collect SS benifits from husband A who made more while we were married. Husband B is remarried and still kicking.
I WAS MARRIED TO 1ST HUSBAND AND ONLY HUSBAND FOR 15 YEARS- HE REMARRIED- I DID NOT. I’M 59 THIS NOV. AM I ENTITLED TO ANY MORE SOCIAL SECURITY MONEY OR BENIFITS BY USING HIIS SOCIAL SECURITY NUMBER WHEN I REACH RETIREMENT AGE. 62 OR LATER ?
. I WORK STILL TODAY. HE HAS RETIRED AT 59 IN OCT AND IS STILL ALIVE. I HAVE NEVER REMARRIED AND HE MAKES MUCH MORE MONEY THAN I,THROUGH ALL THESE YEARS..
I am married to a main who has an ex-wife he was married to for 11 years. We have been married for 20 years. Do I get ss benifeits if something happens to him, or does she?
I was living in a common law-type arrangement living with my ex husband for several months as man and wife at the same address before we married. This arrangement might be substantiated by joint tax returns; I am not sure.
We were legally married for 9 years and three months (1971-1980). I agreed to his request for a quick divorce, although I was more interested in a separation; he was in much more haste than I was to speedily consummate the divorce, (as it turned out, he remarried right afterward).
He obtained a no fault divorce (this was in Michigan) which did not require a lawyer, I just had to sign some papers.It was done by mail so I never appeared in a hearing or went to a court. I was very naive and knew nothing of the 10 year requirement for SS benefits. I wish I had sought legal advice instead of doing the no fault divorce because I would have learned about the 10 year requirement for social security and would have tried to delay a couple of months. I invested a lot of time and money in the marriage and put my own interests on hold.
I put him through several years of his PhD program, paying his expenses by working as a waitress. He sometimes worked part time as a school bus driver. He finished all his education and coursework and only had his thesis to finish, I never thought I needed to consider my own career development. Then when I inherited a small sum from my mother, he discouraged me from working at all. We went through quite a bit of the inherited money on our rent, our car, our food, his extensive dental work, etc. I became disenchanted with the marriage as the years went on and the thesis still was not done. I began training to be a graphic artist. He obtained a job so as not to depend so much on me but he found one in another city which meant moving and giving up my classes.
He was a very well informed person and worked as a state public health statistician at the time we divorced. Sometimes I wonder if he knew of but deliberately withheld the info about the 10 year requirement. I was certainly a vulnerable spouse, and unfortunately also not well informed. During the marriage my income was very low. I struggled with low self esteem and underemployment until the 1990s when I finished my education and became a social worker, but I have no pension or retirement program, just an IRA with about $25K. I can never catch up social security wise. My ex did finish his thesis in the early 1980s and became a tenured professor, a job he has had since the mid-1980’s.
Many of my age group were married only 7, 8, or 9 years and were/are vulnerable spouses. This was before women really came into their own in terms of rights, self awareness, availability of decent jobs, etc. We were a transitional generation. Some will be very poor when we are old.
Will Social Security ever lower the 10 year requirement (as they once did before from 20 years)?As for me, can the period we lived under the same roof before the marriage be construed as common law marriage? Should I try to get a copy of my no fault divorce agreement to see if it is valid and executed properly?
Don’t you think people coming before the civill authorities to divorce should be given information from Social Security on what are the implications for their retirement? I truly believe that most people divorcing do not know about it. Does Social Security have any obligation to inform?
If I continue earning what I now earn at my fulltime job, I will be living on no more than $950 per month social security at age 67. I would probably get around $1800 or maybe even more if I were on my husband’s benefits. Because of my ignorance of the government’s social security rules,I have a future of poverty ahead instead of a modest lifestyle in senior low cost housing with money for medicare copays, etc.
Any comments?
You have my permission to send this anywhere if it will help anyone.
Divorced and out of luck:
I was living in a common law-type arrangement with my ex husband for several months as man and wife at the same address before we married. This arrangement might be substantiated by joint tax returns; I am not sure.
We were legally married for 9 years and three months (1971-1980). In 1980 I agreed to his request for a quick Michigan no fault divorce, although I was more interested in a separation. I was kind of passive and he was in much more haste than I was to speedily consummate the divorce, (as it turned out, he remarried right afterward, then they had a kid).
He said since we had no money, it made sense not to bother with a lawyer. I just had to sign some papers. It was done by mail so I never went to court or a hearing. I was very naive and knew nothing of the 10 year requirement for SS benefits. I wish I had sought legal advice or at least stepped into a public building instead of doing the divorce by mail because I might have learned a lot about my rights or possibly received a brochure from Social Security explaining the rules and might have tried to delay a couple of months.
I invested a lot of my youth. time and money in the marriage and put my own interests on hold and fit the definition of a vulnerable spouse. I put him through several years of his PhD program in American History at U-M Ann Arbor, paying his expenses by working as a waitress. He sometimes worked part time. He finished all his education and coursework but not his thesis. Then when I inherited a small sum from my mother, he discouraged me from working at all. We went through quite a bit of the inherited money on our rent, our car, our food, his extensive dental work, etc. I became disenchanted with the marriage as the years went on and no thesis. He obtained a job so as not to depend so much on me but he found one as a government worker in Lansing which meant an unhappy move and giving up my new found art connections.
He was a very well informed person, constantly read stuff, and worked as a state public health statistician at the time we divorced. Sometimes I wonder if he knew about and withheld the info about the 10 year requirement so that he could remarry quicker. I was certainly a vulnerable spouse, and unfortunately also not well informed.
During the marriage my income was very low. I struggled with low self esteem and underemployment until the 1990s when I finished my education and became a social worker, but I have no pension or retirement program, just an IRA with about $25K. I can never catch up social security wise. My ex did finish his thesis in the early 1980s and became a tenured professor, a job he has had since the mid-1980’s.
Many of my age group were married only 7, 8, or 9 years and were/are vulnerable spouses. This was before women really came into their own in terms of rights, self awareness, availability of decent jobs, etc. We were a transitional generation. Some will be very poor when we are old. If I continue earning what I now earn at my fulltime job, I will be living on no more than $950 per month social security at age 67. I would probably get around $1800 or maybe even more if I were on my husband’s benefits. Because of my ignorance of the government’s social security rules, I have a future of poverty ahead instead of a modest lifestyle in senior low cost housing with money for medicare copays, etc.
Will Social Security ever lower the 10 year requirement (as they once did before from 20 years)? Should people coming before the civill authorities to divorce should be given information from Social Security on what are the implications for their retirement? I truly believe that most people divorcing do not know about it. Does Social Security have any obligation to inform?
As for me, can the period we lived under the same roof before the marriage be construed as common law marriage?
Should I try to get a copy of my no fault divorce agreement to see if it is valid and executed properly?
You have my permission to send this anywhere if it will help anyone.
Mary Nash
I was married to Charles David Branham on July 12, 1958 and divorced on Febuary 25, 1996 due to extreme domestic violence and habitual drunkeness. Mr Branham passed away October 12, 2005. I remarried on August 24,1996. I was told I remarried too early to draw my first husbands Social Security, but that I could get a divorce from my second husband and file for my first husbands Social Security and then remarry my second husband again! I was not aware that I could not remarry. I was married to my first husband for 37 years and 7 months and endured estreme physical abuse for over 30 years, I was advised by my doctor that he would kill me if I did not get out, there was no help for abused women back then. I was born June 10, 1940, I am 68 years old
and feel I should be entiled to draw my first husbands Social Security with out havinging to divorce my current husband. AGAIN I WAS UNAWARE THAT MY REMARRING WOULD PREVENT ME FROM RECEIVING MY FIRST HUSBANDS SOCIAL SECURITY, CAN YOU PLEASE HELP ME WITH THIS?
THANK YOU SO MUCH IN ADVANCE, ELIZABETH A BARKMAN
I was married for 27 years and after being divorced for two years I was struck by a car while I was working and as a result I am disabled. Can my first wife draw from my social security when she becomes 62 and does my second wife still draw from my social security when she becomes 62. Please tell me how this all works?
how do i get the answers to a couple of the above questions
I am 70 years old. I am presently seperated from my third husband with a divorce within the next three months.My second husband died after 11 years of marriage.My first husband and I divorced after 20 years of marriage. I am now receiving my social security benifits monthlly plust a very small pension. Am I entitled to any husbands benifits? The first husband remarried shorty after we divorved. Please reply to the above I’m confused
I am 70 years old. I am presently seperated from my third husband with a divorce within the next three months.My second husband died after 11 years of marriage.My first husband and I divorced after 20 years of marriage. I am now receiving my social security benifits monthlly plust a very small pension. Am I entitled to any husbands benifits? The first husband remarried shorty after we divorved. Please reply to the above I’m confused
i am a senior and on s.s. my question is; i am getting remarried , will my s.s.benifits be cut off?
i am 77 years old. email my answer, juanita hall
i am 77 and on s.s if i remarry will my benifits be cut off?
juanita hall
My husband was married for 13 years to A. (He was her 2nd husband. )
She married again 4 years after we married, and was divorced 5 years later. But she has been drawing $186 a month off of my husband’s(her husband #2) SS for years.
2 questions?
1. She has had 3 husbands. Does she have the right to draw off of husband #2.
2. Should not her marriage to husband 3 cause her to lose the benefit she gets off of my husbands SS?
I need to know if my Mom can pull my Dad’s social security. He passed away in 2000. My step-mom is still alive, but I don’t believe she is drawing it either. How can I find out who is eliglble?
I WAS MARRIED TO MY EX HUSBAND 10 YEARS ..wE ARE DIVORCED FOR 3 YEARS HE IS DYING OF CANCER AT 60 . HE IS ON DISABILITY FOR SOME MENTAL ISSUES…hES WAS A VETEReN AND i AM 59 YEARS OLD.i UNDERSTAND i CAN COLLECT ON HIS SS WHEN i AM 60 i HAVE NEVER REMARRIED…i RECIEVE ALIMONY FROM HIM FOR SEVEN MORE YEARS BUT WHAT HAPPENS IF HE DIES BEFORE i TURN 60..DO i STILL HAVE TO WAIT TO COLLECT HIS SS TILL i AM 60 ??hOW DO i LIVE FOR A YEAR??/tHANK YOU dALE
I have been married one time from 1958 to 1980. My husband remarried to a woman now 58. They have 2 children. My former husband recently died ( age 79). Will I be entitled to any of his social security widows monies? I am 70, working part time, and on social security benefits of my own
I was married for 43 yrs and then divorced 2 yrs ago. I am 67yrs old. I remarried 2 yrs ago as well as my ex-husband married 1 yr ago. He has cancer . Am I entitled to some of his social security upon his death.
Judith Phillips
I’m married to a man for 5 years he has been married 5 times wife#1 for 1 yearsno kids wife#2 for 3 years 1 child that is 30 years old
wife#3 for11 years no kids wife#4for 5 years 2 kids 5-8years old and me for 4 years no kids if he dies who is intitled for his social security up on his death?
I was married to a man for 28 years. We have been divorced for approx. 10 years. I have been residing with another man 5 years and we are not married, living now in the state of North Carolina (non common-law marrage state). We live as a married couple, joint insurances, own a house together, taxes, etc. My question: Am I entiled to SS benefits from my former husband once I reach 62 even though I live with this man?
i have been married to my husband for 28 years . we are getting divorced i am going on disability can i draw on his ss