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.
***
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 was married for 19 years and we divorced in 1987, he passed away in 1995. I am on total disibility now, and I did remarry. Would I be eligble for any monies from my first husband? I am 58.
I have a question, i was married for my first husband for 7 years and i had remarried again and he also remarried again, he died 7 years ago i am his first wife, do i get his ss benefit, i am 58 years old.some one give me an answer please,
Hi,
I was married to my fromer hubsand for 13 years. Our divorce was due to his unfaithfulness and he wanted a divorce to marry this other woman. We were married from 1956-1969. She was also
married at the time. My former hubsand now is a millionaire now. I retired at the age of 62 and 3 months. I wish I had waited, but I need money to have a steady income. I’ve work on and off and doing sales in demenstation for different party plans. I ask the social security if I wasn’t intitled to more of his income than what I am getting. Which is going to be 799.00 a month. How can I find out
about how much I should get from his social securtiy benitifs. He own’s his business and he hasn’t
retired yet. I think Iam intitled to more than what I am getting. Could you help to find out what I need to do. I did get married a second time after 17yrs from my first hubsand. But my second hubsand and I are divorced for the last 6yrs. Can you help me find out how I can get information on my first hubsand social security benitifs for me. Thank you.
Yours truly,
Brenda
I am a divorced woman who is on disability I am 50 years old my x and i was married 21 years and he is now recieving disability am i entitled to some of his benifits also i plan on getting married in the future will this affect my chance of recieving my x benifits
I was married for 19 1/2 years . We divorced and we both remarried later. His second wife, they were only together for 1 year. He got on disibility and was on that for about 6 years until he passed away. I am on disibility and would like to know if I am elgible to draw from my first husband. I am 58.
If you are in your second marriage and have been married for 6 yrs. I was first married for 32 yrs. Can i draw ss on my first marriage.
Living with significant other in a common law situation….when he passes away..could I receive his SOcial Security check?
I was divorced in 1989 after 171/2 yrs of marriage. I am 58, plan to remain single and wonder if I will be eligible for a portion of my 61 yr old retired ex-husband’s benefit when I turn 62? I realize that I cannot receive more than 1/2 of his benefit from my own SS benefits, so how do I discover how much he is receiving to determine if I qualify without making him angry?
Thanks so much for your help
Knowing that my SS benefit cannot exceed 1/2 of my ex-spouses benefit, how can I discover how much he is receiving without making him resentful? Thanks.
My ex-husband retired in 2006 but is not collecting ss yet can i retire now since I am 62 and collect off of his
I am 62. I have been married and divorced five times. Can I recieve my second husbands social security? We were married for 11 years and then divorced. I married three times after my second husband and divorced all three. My second husband died about 7 years ago. Can I recieve his social security?
I have recently married a man that already receives ss disiability am i intitled to anything and if so how do i go about getting this done
i was married for 23 years and got a divorce, i remarried when i was 54 years old . i may be getting a divorce from my present husband. i want to know if so will i qualify to receive from my ex husbands social security . i was told that i n order to receive benifits from my ex husband. i couldn’t of married before the age of 60, but if i become divorced before the age of 62 then i could draw social security from my ex. but a lawyer said if i become divorced before 65 than i could. what is the right answer. social security is vague with their answers. they told me to go on the website, but its real confusing. thanks
i am divorced from remarried can istiil get ss benifits from my x iget ss now so would it be increasedat his death
When i signed up for social security at the age of 62. I was married to my second husband for
eight years. I was married to my first husband for twenty-four years. I ask the social security if I could draw from my first husband and they said no, that I make to much money, now I am hearing that I could have drawed from my first husband. What is right could I have or not. I will wait to hear from you, Thanks
Hi,
My ex husband and I were married 16 years. We divorced in 1999. He has sinced remarried, but I am single. Will I be entitled to draw on his Social Security when I am 62, and for what amount of money? ( How does the percentage work, for the new wife and me?)
Hi,
My ex husband and i were married in 1963. We divorced in 1991. He has since remarried, and I am single. Will i be able to draw on his Social Security since I am 62? How does the percentage work for the new wife and me?
I was married for 25 years. My ex and I divorced due to his infidelity. We were both 47 years old at the time. I remarried at the age of 50 and my ex remarried at the age of 52.
My ex advised me to have a Mediator (his good friend) represent us rather than to have each of us hire a Divorce lawyer. Since I feel I was not well informed and incapable at the time of making decisions due to depression…I consequently made some very poor financial decisions and did not protect myself.
I feel my ex took advantage of my vulnerability and more.
Is there any way that I can still draw from my ex’s social security?
Thank you for any information on this.
I am a 64 year old divorcee and was wondering at what age can I collect on my ex’s social security? He went on disability at age 57 and died at 58. Neither of us remarried but we were married for 19 years. I am still working and will continue until I can retire with full benefits either from my soc. ser. or my ex’s. Would it be beneficial to me if I waited till I was 66 or wouldn’t that make any difference if I am collecting on his soc. sec.? Can I get his full benefits or could I collect 1/2 of his 1/2 of mine. Not sure which one would benefit me the most.
Thank you, Martha Ernst
I WAS MARRIED FOR 14 YEARS,WE SEPARATED FOR 6 MONTHS,GOT REMARRIED AND WERE MARRIED FOR 6 MORE YEARS..I AM 56 AND DISABLED AND RECIEVE SOCILAL SECURITY ON MY OWN WORK…AM I ELIGIBLE FOR ANY OF MY HUSBAND’S BENEFITS? AND IF HE PASSES AWAY,WILL I BE ELIGABLE FOR ANYTHING?WHEN WE DIVORCED,HE AGREED HE WOULD PAY CHILD SUPPORT WHEN HE RECEIVED HIS DISABILITY.. MY CHILDREN GREW UP,EXCEPT THE YOUNGEST,BEFORE HE GOT HIS DISABILITY.. AM I ELIGABLE FOR THAT AFTER HE PASSES?
I was married to 1st husband for 13 years divorced in 1979 and re married at age 33 in 198- . next year i plan to draw ss and I need to know if I can draw on X husbands, he will be old enought for SS same time as I
I was married to 1st husband for 13 years divorced in 1979 and re married at age 33 in 198- . next year i plan to draw ss and I need to know if I can draw on X husbands, he will be old enought for SS same time as I
I would like to know if i can draw social security benefits from my deceased ex-husband. We were married for 11 years and had one child. That was 32 yrs ago. I have remarried and will be able to draw benefits this Ocrober. I was told that I can draw from his benefits. Tell me if this is correct ,and how can I find out how much it will be compared to my amount.
I am a 64 yr old female. I am divorced and remarried for 31 yrs. My present husband is very ill and doctors don’t give him much hope. I am on disablied and he was and now his turned to retiredment, when he turned 65.
I want to know if my second husband passes away, do I get the same amount that he gets now or does it decrese. Also can I draw on my first husband or can I draw from my first husband now. We were married for thirteen years and his will be the highest amount because he made alot of money or does he have to be deceased also for me to draw on him.
Thank you, Rosemary Perry
My mother is 63 years old. My father died in the year 2006. My mother never applied for his social security. But, now she remarried in the year 2008. Her husband now is 67 years old. Does my mother have the right to apply for my fathers social security income??
I was married to my ex-husband for 10 years and divorced. Instead of paying into social security, he opted to pay into his City Government Pension Plan instead. I do qualify for half of his SS when we retire; however, since he did not pay SS and paid instead into a City Government Pension, am I entitled to any of that pension? Thank you for any assistance.
Racheen
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 will turn the age of 62 in August. I was married for 21 yrs and have been divorced from my ex-spouse for 22 yrs. With all the information I have read, I can draw from his social security. Do I take any papers when I go to sign up for social security, showing I was married to this man and divorced?
Sandy
A lot of good questions here…where are the answers????
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.
i am 61 and have been married for 2 and 1/2 years to my second current spouse. am i only entitled to his ss death benefits if we are married when he dies
i am 61 and have been married for 2 and 1/2 years to my second current spouse. am i only entitled to his ss death benefits if we are married when he dies
can i get my ex-husbanbs ss benifits .he was remarried and both deceiced.
i was remarried and diversed. i’m age 78
thanks
i was wondering, if I can draw off a deceased husband? we were married for over 10 years and he died in 1999, he was a korean war veteran, our handi-capped child was supposed to of drawn money off his deceased dad, till he was 25, but he never did. i am remarried now, but was wondering if theres some kind of benefits i could get from his Social Security.
my phone number is: 270-442-3290. I live in Paducah, Ky. I am 56 years old and can not work.
I was married for 31 years to my husband. I am disabled and have been drawing SSI for 20 years. We divorced 8 years ago but we have been living together the last 5 years, but we have not formally remarried. Can I draw survivor benefits from him? I am 55 years old. We have four children together ages 19 to 26.
My husband was married for 22 yrs, divorced and we have been married for 10 yrs. We are not yet ready for social security but when we are, will I be eligble to draw on his social security. And will his ex wife be eligble also?
I am 62 years old. I divorced my first husband after 23 years of marriage. He never remarried and is now deceased. My second husband has filed for a divorce. Once the divorce is final will I be able to collect my first (deceased) husbands SS benefits? I’ve tried reading the “rules”, but find it very confusing.
I am 62 years old. I divorced my first husband after 30 years of marriage. He never remarried and is now deceased. My second husband has filed for a divorce. Once the divorce is final will I be able to collect my first (deceased) husband’s SS benefits? I’ve tried reading the “rules”, but find it very confusing.
I was married for 27 years, and have been divorced for 15 years, Neither one of us remarried, I would like to get married next year, If I do can I get collect his ss after I marry.. When I reach 62 years of age. do I get half of his ss ??
I married at 20 my husband became sick with cancer after five years he decided he didnt want to be taking care of no more he divorced me. will i get his ss if something happens to him or if i remarry and if he remarries will i still get his ss?
i have been diorced from my fst husband for over 26 yrs,,i am on ssi ,,,he has become disabled himself in the last few yrs,,now want i wont to know is if i can draw something off him sence i was his first wife,,,we where married seven yrs,,,,,ty Linda j.
Can I draw from my dead husbands ss if it was only a common law marriage of 27 years .we raised 6 children and our lives was as a real marriage in every way except for the marriage certificate.
If I receive my deceased exhusband’s ss at age 60, can I convert to my own ss when I turn 66 1/2?
If I receive my dad’s social security death benefits, do I loose my benefit if I get married when I’m still attending school?
I HAVE RECEIVED SO MANY DIFFERENT ANSWERS TO MY QUESTION AND FINALLY TODAY AFTER GOING TO MY LOCAL OFFICE WAS TOLD THE FOLLOWING. I AM STILL WONDERING IF THIS IS TRUE:
I WILL TURN 62 IN SEPT. 2009, AND WOULD LIKE TO TAKE EARLY RETIREMENT BENEFITS.
I WAS PREVIOUSLY MARRIED TO MY EX FOR 11 YEARS AND HAVE BEEN DIVORCED FROM HIM FOR OVER 30 YEARS.
I REMARRIED AT THE AGE OF 61.
MY CURRENT HUSBAND IS 56.
MY EX HUSBAND TURNED 62 ON JUNE 1, 2009.
I WAS TOLD THAT BECAUSE I WAS MARRIED FOR AT LEAST 10 YEARS AND REMARRIED OVER THE AGE OF 60, EVEN THOUGH MY EX HUSBAND IS STILL ALIVE I CAN GET “DUAL ENTITLEMENT”, FOR HIS IS HIGHER THAN MINE.
IS THIS TRUE?
I WOULD REALLY APPRECIATE A SOLID ANSWER. GOING CRAZY!!!! THANK YOU
My husband died after 29 years of marriage. I remarried a man that was divoriced with 2 children. As his second wife, am I entotled to his pension and social security? Can his children from his first wife claim anything from his estate?
I was married to my former husband January 18, 1992. I divorced him Aug. of 2007 due to Domestic Violence. I have gone through Domestic Violence issues twice with him, the first was December if 1998, but took him back when the state if Utah forced him to get “rage” counseling which he had to pay for. The second Domestic Violence issue was March 2006. This time he was forcibally moved out of my home by the Sheriff”s Department and I am on a Protective Order since that tiime. He has moved out of the state of Utah where I live to California. I read an article on the Domestic Violence Webstite that even though he is still living I could get his social security payment
since his is higher than mine, We are both 78 years if age. Could you advise me since we will have been divorced two years in Aug. 2009?
Marian Hale
Could you please answer the above questions by e-mail since I do not have a Website of Blog.
Marian Hale billie528@msn.com
my ex-husband just passed away and he was receiving disability . our children are 18 and older but he was paying me back child support . Now that he has passed on will i still get the child support.
I have been married twice. My first husband is still living. We were married 12/22/l956 and divorced 03/15/1983. My second husband is decease as of 10/17/2004. Am I eligible to draw benefits from my first husband.