Applying for Social Security spousal benefits with prior marriage - potential problems?
I'm planning to apply for Social Security benefits on my current husband's record next year. We've been married for 31 years, but I was previously married for about 7 years and have been divorced from my ex for over 30 years now. My ex is still alive and probably collecting his own benefits by now. I'm wondering what complications or issues I might face when applying as a spouse on my current husband's record? Will my previous marriage cause any problems or delays with the application? Are there any special forms I need to complete because of my divorce history? My FRA is next year and I want to make sure I have everything prepared correctly to avoid delays. Thanks in advance for any guidance!
19 comments


Ravi Kapoor
Your previous marriage won't affect your ability to claim spousal benefits on your current husband's record at all. Since you've been married to your current husband for over 30 years and divorced from your ex for the same amount of time, SSA won't even be concerned about your previous marriage. The only time a previous marriage matters is if you were trying to claim ex-spousal benefits from that previous husband, which would require the marriage to have lasted at least 10 years (yours was only 7, so you wouldn't qualify anyway). Just bring your current marriage certificate when you apply, and be prepared to answer basic questions about your marriage history. That's it!
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CosmicVoyager
•That's such a relief! I was worried there might be some kind of complicated process or extra paperwork. So I just need my current marriage certificate? What about my divorce decree - should I bring that too just in case?
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Freya Nielsen
I went thru this last yr and they askd for BOTH marriage certificate AND divorce papers even tho i was divorced 25+ yrs! Took FOREVER to find the divorce decree in my basement storage. So def have both ready!!
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CosmicVoyager
•Oh no, really? That's exactly what I was afraid of. My divorce papers are probably in a box somewhere in my sister's attic. I should start looking for them now then. Thanks for the heads up!
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Omar Mahmoud
Actually, there's some misinformation here. While your prior marriage won't prevent you from claiming on your current husband's record, SSA does typically request documentation of all marriages and divorces when processing spousal benefits applications. Bring both your current marriage certificate AND divorce decree from your previous marriage. This is standard procedure for the SSA to verify your marital history and eligibility. They need to confirm all marriages ended legally before subsequent ones began. Also, check if claiming on your own work record might be more beneficial than spousal benefits. Many people don't realize they might get more from their own earnings record than the 50% spousal benefit.
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CosmicVoyager
•Thank you for the clarification. I worked part-time for many years while raising kids, so my own benefit would be quite a bit lower than the spousal benefit. I'll definitely hunt down that divorce decree ASAP. Is there any way to get a copy from the county if I can't find the original?
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Chloe Harris
You can get a certified copy of your divorce decree from the county clerk's office where your divorce was finalized. Usually costs $10-20 and takes a few days. Some counties even offer online ordering now. One more thing - your previous marriage would only matter if you were trying to claim on your ex's record (which requires 10+ years of marriage). For your current husband's record, SSA just needs to verify your current marriage is valid and that any previous marriages were properly terminated. Also, don't wait until your FRA to apply! You should apply 3-4 months before you want benefits to begin. The process takes time, and it's better to get in the queue early.
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CosmicVoyager
•Thank you! I'll contact the county clerk next week. And good tip about applying early - I was planning to wait until right at my FRA. I'll move that timeline up by a few months.
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Diego Vargas
I experienced the WORST time trying to get through to SSA when applying for my spousal benefits!!! Called for WEEKS and either got disconnected or was on hold for HOURS only to get disconnected. Finally used this service called Claimyr (claimyr.com) that got me connected to an agent in less than 5 minutes!!! They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU Seriously saved my sanity during the application process. Their system keeps your place in line so you don't have to stay on hold forever.
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Freya Nielsen
•Does that actually work?? I spent like 3 hours on hold last month trying to fix a problem w/my direct deposit and finally gave up.
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Diego Vargas
•It absolutely worked for me! I was skeptical too but was desperate after trying for weeks. Got through to an actual human who helped resolve my application issues in one call.
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NeonNinja
My situation was similar to yours but I had two prior marriages! Talk about paperwork nightmare lol. But honestly the process wasn't that bad. The SSA just wants to make sure everything is documented correctly. One tip: When you go to your appointment (if doing it in person), bring photocopies of EVERYTHING along with the originals. They'll often just take the copies and hand back your originals on the spot. And I second what someone else said - definitely apply 3-4 months before you want benefits to start. My application took almost 3 months to process completely.
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CosmicVoyager
•Thank you for sharing your experience! That makes me feel better. I'll definitely make copies of everything and apply early. Did you apply online or in person? I'm trying to decide which would be better.
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NeonNinja
•I started online but ended up having to go in person anyway to show some documents. If your situation is pretty straightforward, online might work fine. But honestly, in-person was better because I had specific questions the agent could answer right away.
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Anastasia Popov
OMG the SSA is soooo incompetent sometimes!! They lost my marriage certificate TWICE during my application process! And then had the nerve to send me a letter saying I needed to provide it AGAIN. I was FURIOUS!! 😡😡 Make sure you keep copies of EVERYTHING you submit and get receipts!!! Don't trust them to keep track of your documents!!
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CosmicVoyager
•That sounds awful! I'll definitely keep copies of everything and maybe even take pictures of the documents with my phone when I submit them, just as extra proof.
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Ravi Kapoor
Just wanted to add something important - make sure you're actually eligible for spousal benefits when you apply. If your husband hasn't filed for his own benefits yet, you can't claim spousal benefits on his record (unless he's doing a restricted application, which is only available to people born before 1954). Also, if you're taking spousal benefits before your FRA (Full Retirement Age), they'll be permanently reduced. At FRA, spousal benefits are 50% of your husband's PIA (Primary Insurance Amount).
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CosmicVoyager
•My husband started his benefits last year at 67, so that part should be fine. And yes, I'm waiting until my FRA next year (66 and 6 months) so I can get the full 50%. Thanks for confirming this!
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Aisha Rahman
Great question! I went through a similar situation last year. Your previous marriage shouldn't create any major roadblocks, but I'd recommend gathering all your documentation now to avoid delays. Here's what I needed: - Current marriage certificate (certified copy) - Divorce decree from previous marriage - Birth certificate - Social Security cards for both you and your husband The SSA representative told me they need the divorce decree to verify your previous marriage was legally terminated before your current one began. It's just standard procedure for anyone with prior marriages. One thing that helped me - I called ahead and asked exactly which documents to bring. This saved me a second trip. Also, some local SSA offices are much less busy than others, so it might be worth calling a few locations to see which has the shortest wait times. Since you're planning ahead, you're already in great shape! Most complications happen when people wait until the last minute and can't find their paperwork.
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