< Back to Social Security Administration

Can I claim Social Security benefits from both ex-husbands after reaching FRA? First marriage 20+ years, second 10 years

Hi everyone, I'm pretty confused about my Social Security options after two divorces. I just reached my full retirement age last month and trying to figure out which ex-husband's record I can claim on. My first marriage lasted just over 20 years before divorcing, then several years later I remarried and that second marriage lasted exactly 10 years before we divorced last year. Neither were amicable splits, so I can't exactly call and ask them about their earnings history! I know you can claim on an ex-spouse's record if the marriage lasted at least 10 years, but I'm not sure if I can choose between them or if there are rules about this. Can I pick whichever ex had the higher earnings? Do I have to choose the most recent one? Or can I somehow claim on both records? Any advice would be greatly appreciated!

Abigail Spencer

•

Yes, you can definitely claim ex-spouse benefits! Since both marriages lasted at least 10 years before divorce, you qualify for divorced spouse benefits from EITHER ex-husband. The key part is you can't claim benefits from both simultaneously - SSA will pay you whichever amount is higher. So you should find out which ex had higher lifetime earnings and claim on that record. I went through something similar after my 15-year marriage ended. I called SSA and what they did was calculate both amounts and automatically gave me the higher benefit. The rep was super helpful once I finally reached someone. Don't give up if you can't get through on the phone lines right away!

0 coins

Anita George

•

Thank you so much for clarifying! That makes sense they'd pay the higher amount. Do you know if I need any special documentation about my marriages? I have both divorce decrees somewhere but would need to dig through boxes to find them.

0 coins

Logan Chiang

•

u can claim on either ex, doesnt matter which 1. they look at both and give u the higher amount automatically. im in the same boat, married 12 yrs to first husband and 18 to second. got way more from second ex cuz he made more $$$ over his lifetime

0 coins

Anita George

•

Thanks for sharing your experience! That's encouraging to hear they just automatically give the higher amount. Did they ask for a lot of documentation when you applied?

0 coins

Isla Fischer

•

My aunt tried to do this and SSA gave her the runaround for months!!! They kept saying she needed more proof of her first marriage from the 1970s! Make sure you have ALL your paperwork in order - both marriage certificates, both divorce decrees, and be prepared to wait. The system is designed to frustrate people into giving up!!!!

0 coins

Abigail Spencer

•

That's unfortunately common with older marriages where records can be hard to track down. But @OP - don't panic! If you have your Social Security card and can provide the names and DOBs of your ex-spouses, SSA can usually locate their earnings records without too much trouble. The divorce decrees are helpful but not always required for the initial application.

0 coins

Miles Hammonds

•

Just to be 100% clear on the rules here since there's some confusion in the responses: 1. You qualify for divorced spouse benefits on BOTH ex-husbands' records since both marriages lasted at least 10 years 2. You can only receive ONE benefit payment - SSA will pay the higher of the two amounts 3. At your FRA, you're eligible for 50% of either ex-spouse's full retirement benefit amount 4. You can apply for these benefits even if your ex-husbands haven't applied yet, as long as both of you are at least 62 and have been divorced for at least 2 years 5. Your ex-spouses will never know you've claimed on their record, and it doesn't affect their benefits at all Make an appointment with your local SSA office and bring whatever documentation you have. They can access most of the records they need electronically.

0 coins

Anita George

•

Thank you for breaking it down so clearly! I feel much better about this now. I wasn't sure about that 2-year divorce requirement, but thankfully my first divorce was decades ago and the second one has been over 2 years now. I'll gather what documentation I have and make an appointment.

0 coins

Ruby Blake

•

Wait I'm confused about something... does this mean you can just keep marrying rich guys for exactly 10 years, divorce them, and collect benefits from all of them??? That doesn't sound right. There must be some limit to how many exes you can claim from.

0 coins

Miles Hammonds

•

No, that's not how it works. You can only RECEIVE one benefit payment - whichever is highest. You don't get to collect multiple benefits simultaneously from different ex-spouses. SSA just looks at all the records you qualify for (including your own work record) and pays the highest single benefit amount.

0 coins

Micah Franklin

•

I just went through this exact process last year! I was married twice (12 years first marriage, 16 years second marriage). When I applied, I brought both divorce decrees and my current ID. I tried calling SSA first but kept getting disconnected after waiting for hours. I ended up using Claimyr (claimyr.com) to reach a live agent - they have this service where they get you through the phone system much faster. They have a video demo at https://youtu.be/Z-BRbJw3puU showing how it works. Totally worth it because I got through in about 10 minutes instead of waiting for hours or getting disconnected. The agent looked up both my ex-husbands' records and told me right there which one would give me the higher benefit. Turns out my first husband who I thought earned less actually had several high-earning years I didn't know about, so I got about $320 more per month by claiming on his record instead of my second ex!

0 coins

Anita George

•

Wow, that's a significant difference! Thanks for the Claimyr tip - I've been trying to call SSA for days and keep getting disconnected. I'll check out that video. Did they need anything besides your divorce decrees?

0 coins

Micah Franklin

•

@OP They also asked for my birth certificate (or passport), and they wanted the names, birthdates and Social Security numbers of both ex-husbands if I had them. I only remembered one SSN but they were still able to find both records. The whole process was much smoother than I expected once I actually got through to someone!

0 coins

Ella Harper

•

I tried using Claimyr last month for my disability question and it really did work to get through. But I disagree that the process was smooth after that - the SSA rep I talked to gave me completely wrong information that another rep corrected weeks later. Always talk to at least two different reps before believing anything they tell you!!!

0 coins

Isla Fischer

•

WAIT A MINUTE! Everyone's forgetting to mention that if you remarry, you CANNOT collect on either previous spouse!! OP said she's divorced from her second husband but if she remarries again, she loses eligibility for both exes' benefits! This happened to my cousin and she was DEVASTATED after discovering this too late!!

0 coins

Miles Hammonds

•

That's correct - if you remarry, you generally cannot collect divorced spouse benefits from previous marriages. However, there's an exception: if your later marriage also ends (by death, divorce, or annulment), you can once again become entitled to benefits from your previous spouse(s). So since OP is currently unmarried, she's eligible to claim on either ex-husband's record.

0 coins

Anita George

•

Thank you all for the helpful responses! This is much clearer now. I'm going to gather my documents (birth certificate, divorce decrees, etc.) and try to reach SSA. I'll definitely check out that Claimyr service since calling SSA directly has been so frustrating. One last question - once I start receiving benefits from one ex-spouse, if the other ex gets a big raise or promotion years later, can I switch to claiming on their record instead? Or am I locked into my initial choice?

0 coins

Miles Hammonds

•

Good question! Your ex-spouse's future earnings wouldn't affect your benefit amount once they're already receiving Social Security. Benefits are calculated based on their lifetime earnings up to the point they claim. However, if one ex-spouse was significantly younger and hasn't claimed yet, there could potentially be some additional earnings added to their record. In that case, SSA should automatically adjust your benefit if it would result in a higher payment. But generally, once you're receiving benefits, major changes are uncommon.

0 coins

Logan Chiang

•

oh and dont forget bout taxes! up to 85% of SS can be taxable if ur other income is high enuf. caught me by surprise first year

0 coins

Anita George

•

That's a good point about taxes - I hadn't thought about that. I do have some investment income and a part-time job, so I'll need to look into how that affects the taxation of Social Security benefits. Thanks for the reminder!

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,731 users helped today