Can I claim Social Security benefits from my first ex-husband after a brief second marriage?

Yes, you CAN claim on your first ex-husband's record! The second marriage doesn't matter because it ended. Social Security's rule is that you need to be currently unmarried to claim ex-spouse benefits. As long as you were married to your first husband for at least 10 years (which you were at 18 years), you're eligible. Your brief second marriage would only have prevented you from claiming on your first ex if that second marriage was still ongoing. I had almost the exact situation and was able to claim on my first husband's record even though I had a second marriage that lasted 4 years. The SSA representative confirmed this when I called them. One thing to keep in mind - if you claim at 62 instead of waiting until your Full Retirement Age (probably 67 for you), you'll get a reduced benefit - about 30% less than if you waited. But you can still absolutely claim on your first ex's record!

your wrong about this! my sister tried to do this exact thing and SSA told her the second marrige cancels out her ability to claim on first husband. She had to take her own benefit even tho it was way less. I think u need to double check this info

Just wanted to add that when you claim on an ex-spouse's record, they DON'T get notified. They won't know, and it doesn't affect their benefits at all. So no awkward conversations necessary! I was worried about the same thing.

I'm in almost the exact situation - married 15 years to first husband, then a 3-year marriage in my 40s. When I went to claim, they made me prove BOTH marriages and BOTH divorces. Make sure you have ALL your marriage certificates and divorce decrees ready because they're sticklers about this!! It was such a hassle because my second divorce papers were in storage in another state. Getting through to anyone at SSA to explain was IMPOSSIBLE - I spent HOURS on hold and got disconnected 4 times!!!! So frustrating!!!

Another thing to think about - have you checked what your own benefit would be? Sometimes people assume the ex-spouse benefit will be higher, but depending on your work history, your own benefit might actually be better. SSA will pay whichever is higher, but not both.

Social Security specialist here. Just to clarify the ex-spouse benefit rules: 1. Your marriage to the ex must have lasted at least 10 years (yours was 18, so you're good) 2. You must be currently unmarried (you are) 3. You must be at least 62 (you're planning to claim at 62 or 63) 4. Your ex must be entitled to benefits (assuming he's at least 62) If you claim before your Full Retirement Age (FRA), your spousal benefit will be permanently reduced. At 62, you'd get approximately 32.5% less than if you waited until your FRA. Also important: If you're eligible for your own retirement benefits and for benefits as an ex-spouse, SSA will pay your own benefit first. If your benefit as an ex-spouse is higher, you'll get a combination of benefits equal to the higher amount. I recommend creating a my Social Security account at ssa.gov to check your own benefit estimate before making any decisions.

That's a great question. If you've been divorced for at least two years (which you have), you can claim benefits on your ex-spouse's record even if he hasn't filed for his own benefits yet. This is called the "independently entitled divorced spouse" provision and it's a special rule that only applies to divorced spouses, not current spouses. So yes, you can claim on his record regardless of whether he's filed or not, as long as he's eligible for benefits (meaning he's at least 62, even if he hasn't applied yet).

i didnt know about that 2 year divorce rule! that woulda been good to know when i applied last year lol. my ex is younger than me and hasn't filed yet, i thought i had to wait for him to file first so i just took my own benefit. now i'm wondering if i should have checked on his...

Don't forget about the earnings test if you claim before your Full Retirement Age! If you're still working and earn above certain limits ($21,240 in 2025), they'll withhold $1 in benefits for every $2 you earn above that limit. Just something to consider if you're planning to work part-time after claiming.

I went through something very similar a few years ago! I was married to my first husband for 12 years, then had a brief 18-month marriage in my early 50s. When I applied for benefits at 63, I was definitely able to claim on my first ex-husband's record despite the second marriage. The key thing that helped me was going into the local SSA office with ALL my paperwork - both marriage certificates, both divorce decrees, and my birth certificate. The representative was really helpful and walked me through everything. She explained that as long as I was currently unmarried (which I was) and the first marriage lasted at least 10 years (which it did), I was eligible. One tip: if you do decide to go in person, try to make an appointment ahead of time. The walk-in wait times can be brutal, but with an appointment I was in and out in about 45 minutes. They also helped me understand the difference between what I'd get on my own record versus my ex's record, which was really valuable for making my decision.

Just want to echo what others have said - you absolutely CAN claim on your first ex-husband's record! I work as a benefits counselor and see this situation frequently. The second marriage only matters if it's still ongoing. Since both of your marriages ended in divorce and you're currently unmarried, you're eligible for ex-spouse benefits on whichever ex-husband's record would give you the higher benefit. Since your first marriage lasted 18 years (well over the 10-year requirement) and he had good earnings as an engineer, that's likely going to be your best option. The brief second marriage doesn't disqualify you at all. One thing I always tell people in your situation: before you file, definitely create that my Social Security account online to see your estimated benefits. Sometimes people are surprised to find their own work record gives them a decent benefit, even with part-time years. SSA will automatically pay you the higher of the two amounts, but it's good to know what you're looking at before you make the decision about when to claim. Good luck with your retirement planning!

I'm dealing with a very similar situation and this thread has been incredibly helpful! I was married to my first husband for 14 years, then remarried for about 3 years in my 40s. That second marriage ended 5 years ago and I've been single since. I'm 59 now and starting to think about my Social Security strategy. Reading through all these responses, it sounds like I should definitely be able to claim on my first ex-husband's record when I reach 62, despite that second marriage. He was in management and made good money, while my second ex had much lower earnings. One question I haven't seen addressed - does it matter if my first ex-husband has remarried? He got married again about 8 years ago. I'm assuming that doesn't affect my ability to claim on his record, but wanted to double-check since his new wife would presumably also be eligible for spousal benefits on his record. Also, has anyone here actually gone through the process of switching from their own benefit to an ex-spouse benefit after already filing? I'm wondering if it's better to wait and apply for the higher benefit from the start, or if you can easily adjust later if you find out the ex-spouse benefit would be better.

I'm a Social Security claims specialist and wanted to clarify a few key points for anyone reading this thread: 1. **Second marriages don't disqualify you** - As long as your second marriage ended (divorce or death) and you're currently unmarried, you can absolutely claim on your first ex-spouse's record if that marriage lasted 10+ years. 2. **Documentation you'll need** - Both marriage certificates, both divorce decrees, your birth certificate, and your ex's Social Security number if you have it (though SSA can look it up with his name and DOB). 3. **Timing strategy** - If you're thinking about claiming at 62-63, remember you'll face permanent reductions. At 62, you'll get about 75% of your full ex-spouse benefit. Might be worth running the numbers to see if working a bit longer makes financial sense. 4. **No notification to your ex** - Your claim won't affect his benefits or notify him in any way. It's completely independent. One thing I see people miss: you can actually file a "restricted application" strategy in some cases. I'd strongly recommend scheduling an appointment with your local SSA office to discuss all your options before making a final decision. They can run scenarios showing exactly what you'd receive under different claiming strategies.