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Can I claim Social Security benefits from ex-husband who's still alive after remarrying?

I'm so confused about my ex-spouse Social Security benefit options! My financial advisor mentioned I might be eligible for benefits based on my ex-husband's record, but then gave me conflicting information. We were married for exactly 12 years before divorcing in 2005. I remarried in 2010 to my current husband who's 5 years younger than me and hasn't filed for SS yet. I'll be turning 63 next month and trying to figure out if I can claim on my ex's record while he's still alive (he's 67 now) or if my current marriage disqualifies me completely? My own benefit would be about $1,800/month at my full retirement age, but I heard my ex is getting over $3,400/month. I'm completely lost in all these rules about ex-spouse benefits with remarriage. Can someone clarify what I'm actually entitled to here?

Unfortunately, your remarriage is going to be the deciding factor here. When you remarry, you generally lose eligibility for ex-spouse benefits from a previous marriage while that new marriage remains in effect. If your current marriage had ended (either by death, divorce, or annulment), you could potentially qualify for benefits on your ex-husband's record if you meet all other criteria - but not while you're currently married.

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Oh no! My advisor seemed so sure I could claim on my ex's record. Are there ANY exceptions to this remarriage rule? Does it matter that we were married well over 10 years?

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To clarify the rules precisely: If you remarry, you cannot claim ex-spouse benefits from a previous marriage while your current marriage is intact. The 10-year marriage duration requirement is only one of several criteria - you must also be unmarried currently to qualify for ex-spouse benefits. The only exception is for survivor benefits (when an ex-spouse dies) - if you remarried after age 60, you could still qualify for survivor benefits from a deceased ex. But since your ex is still alive, this exception doesn't apply to you.

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Mei Liu

this happened to my sister too, she was so upset when she found out she couldn't get her ex's benefits after remarrying! the paperwork literally says "currently unmarried" as a requirement

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This is devastating news. I was really counting on being able to claim on his record. So just to confirm - even though we were married 12 years, because I'm currently remarried, there's absolutely no way for me to claim on his record while he's alive? What if my current husband passes away someday - could I claim on my ex's record then?

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Yes, that's correct. While you're currently married, you cannot receive benefits on your ex-spouse's record. However, if your current marriage ends (through death, divorce, or annulment), you could then become eligible to claim on your ex-husband's record, assuming you meet all other requirements (which you do with the 12-year marriage). In that scenario, you would have potential eligibility on both your own record, your current husband's record (as a widow), and your ex-husband's record. SSA would pay whichever benefit amount is highest.

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Yes, your own retirement benefits are always available to you regardless of your marital status. Your current marriage doesn't affect your eligibility for benefits based on your own work record. Let me clarify the full picture of your options: 1. You can claim your own retirement benefits at any point from age 62-70 (with reduction for filing before your FRA) 2. As a currently married person, you can potentially claim spousal benefits on your current husband's record once he files (though your own $1,800 might be higher) 3. You cannot claim ex-spouse benefits while currently married 4. If your current marriage ends, you could then potentially claim ex-spouse benefits if they're higher than your own

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Thank you for explaining so clearly. I'm disappointed but at least I understand the rules now. I'll need to recalculate my retirement plans based on just my own benefit amount. Is there any way to find out exactly what my benefit would be at various claiming ages (62, 63, FRA, 70)?

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SSA used to send out those paper statements every year with all your estimated amounts but they stopped doing that to save money i think. Now you gotta make an account on the ssa.gov website to see your benefit estimates. Its called "my Social Security" account and shows different amounts for different ages.

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Trying to create an account on SSA.gov is TORTURE!!! I tried for WEEKS to set up my account and kept getting locked out. Their security questions are impossible (asking about loans from 20 years ago???) and their phone lines are always busy when you need help. I finally got through to someone after calling literally 31 times in one day!!!

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I went through a similar nightmare trying to access my account last month. After getting disconnected 12 times, I discovered a service called Claimyr that got me through to an SSA agent in under 20 minutes. They basically keep calling SSA for you until they get through, then connect you. I was skeptical at first but it worked really well - saved me hours of frustration. You can see how it works at https://youtu.be/Z-BRbJw3puU and their site is claimyr.com if you need to get through to check your benefit amounts or ask about your specific situation.

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Thank you for recommending this! I'll definitely check it out because I really need to talk to someone official at SSA about my exact benefit amounts. The online estimates never seem to match what they tell me on the phone.

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my aunt got remarried after her divorce but her 2nd husband died and then she WAS able to get benefits from her first husband (who was still alive). So I think the poster might be able to get her ex's benefits if something happened to her current husband. kind of a morbid thought but just sharing what happened in my family

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Yes, that's correct. If the current marriage ends (through death, divorce, or annulment), eligibility for ex-spouse benefits can be reinstated if all other requirements are met. This is an important point for planning purposes - while the current situation doesn't allow for ex-spouse benefits, circumstances could change in the future that would reopen that option.

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