Can I claim Social Security benefits on ex-spouse's record after remarrying at 54?
Need some clarity on ex-spouse Social Security benefits after remarriage. Here's my situation: I was in a 30-year marriage that ended in divorce about 10 years ago. I remarried when I was 54 (I'm 62 now). My ex is currently 65 and receiving Social Security. Looking at our earning histories, my ex's benefit is substantially higher than both mine and my current husband's (he's 60 now). Am I eligible for any benefits based on my ex's record given that I remarried after 50? Or does the remarriage completely disqualify me regardless of my age when I remarried? I've heard conflicting information about whether the "remarriage after 60" rule applies vs. the "remarriage after 50" rule for survivor benefits. I don't want to leave money on the table if I'm entitled to it, but the SSA website is so confusing about divorced spouse benefits vs. survivor benefits. Any insights would be greatly appreciated!
14 comments
Miguel Ortiz
The "remarriage after 50" rule only applies to survivor benefits (when an ex-spouse has died), not to divorced spouse benefits when they're still living. Since your ex is alive, the rules for divorced spouse benefits apply. Unfortunately, if you remarry at ANY age, you generally cannot collect benefits on your ex-spouse's record while you remain married to someone else. If your current marriage were to end (through death or divorce), you could then claim on your ex's record since you were married for over 10 years. You might want to check the SSA's official page on divorced spouse benefits: https://www.ssa.gov/benefits/retirement/planner/dibspouse.html I had a similar situation and used Claimyr.com to connect with an SSA agent quickly instead of waiting on hold forever. They got me through to a representative in about 20 minutes who confirmed all my options. You can see how it works in their video: https://youtu.be/Z-BRbJw3puU - much less frustrating than trying to figure it out from the website!
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Ava Rodriguez
•Thank you for clarifying! So basically since I remarried, I'm completely out of luck for claiming on my ex's record while I'm still married to my current husband? That's disappointing, but at least I know where I stand now.
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Zainab Khalil
Sorry, but the previous advice is correct. If you remarry, you cannot collect divorced spouse benefits on an ex's record regardless of what age you remarried (unless your current marriage also ends). The "after 50" rule you're thinking about ONLY applies to surviving divorced spouse benefits, meaning only if your ex-spouse had died, AND you were seeking survivor benefits (not retirement benefits), AND your remarriage happened after age 50. Since your ex is still alive at 65, none of these survivor rules apply to your situation. You'll need to claim on your own record or potentially on your current husband's record once he files (if that would be higher).
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QuantumQuest
•Not to be argumentative, but my sister was able to get benefits from her ex even though she remarried!!! The SS office told her it was allowed because of some special rule. Maybe the poster should still check? The rules are SO confusing even the SS people get them wrong sometimes!!!
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Connor Murphy
I went thru something similar. My 2nd husband died and I was getting survivors on him. Then found out I could switch to my 1st husband's (we were married 22 yrs) record since it was higher! But that's because my 2nd husband DIED, not divorced. The SSA has different rules depending on if your talking about divorced spouse benefits vs. survivor benefits vs. current spouse benefits... it's super confusing and they don't make it easy to figure out!!
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Yara Haddad
•This is a key distinction. The rules for survivor benefits (when someone has died) are different from divorced spouse benefits (when the ex is still living). Your situation involves survivor benefits after being widowed, which has different eligibility rules than what the original poster is asking about (divorced spouse benefits with a living ex while currently married to someone else).
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Keisha Robinson
i think ur confusing the divorced spouse benefits with survivor benefits like others said. my mom had the same issue and was really disappointed when she found out she couldn't claim on my dad's record after she remarried. ss rules are crazy complicated!!
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Paolo Conti
The confusion here is understandable - Social Security has different rules for divorced spouse benefits versus surviving divorced spouse benefits: 1. Divorced spouse benefits (ex is alive): You cannot receive these if you remarry, regardless of the age you remarried. 2. Surviving divorced spouse benefits (ex has died): You can receive these if you remarry after age 60 (or age 50 if disabled). Since your ex-spouse is alive at 65, and you're currently married, you cannot receive divorced spouse benefits on his record while you remain married to your current husband. Your options are: 1. Claim on your own record 2. Wait until your current husband files and possibly claim spousal benefits on his record if that's higher than your own 3. If your current marriage ends, you could then claim divorced spouse benefits on your ex's record If you need definitive answers for your specific situation, I recommend calling SSA directly.
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Ava Rodriguez
•Thank you for breaking this down so clearly! I've been mixing up the survivor rules with the divorced spouse rules. Appreciate everyone helping me understand this better.
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Miguel Ortiz
One strategy to consider: Since you're 62 now, you could file for your own retirement benefits. Then if your current marriage ends (hopefully it doesn't, but planning ahead), you could switch to your ex-spouse's record if that would provide a higher benefit. Just remember that if you claim at 62, you'll get a permanently reduced benefit (about 30% less than waiting until your full retirement age). So think carefully about your life expectancy and financial needs before claiming early.
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QuantumQuest
These replies are making my head SPIN!!! So many rules and exceptions to the rules!!! Why does the government make this so complicated?? I'm approaching retirement age too and haven't even started figuring out MY situation with two ex-husbands and whether I can claim on either of them or not. Ugh!
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Ava Rodriguez
•I know exactly how you feel! I spent hours on the SSA website trying to understand these rules before posting here. Makes you wonder if they make it confusing on purpose so people don't claim everything they're entitled to. Good luck with your situation!
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Yara Haddad
To summarize what others have said correctly: - You cannot receive divorced spouse benefits on your ex's record while married to someone else. - The "remarriage after 50" rule only applies to survivor benefits, not divorced spouse benefits. - Since your ex is still alive, survivor rules don't apply to your situation. One thing not mentioned: Even if you could claim on your ex's record (if your current marriage ended), the maximum you could get would be 50% of your ex's full retirement age benefit. And that's only if you wait until your own full retirement age to claim it. I recommend creating an account at my.ssa.gov if you haven't already. You can see your estimated benefit amounts and explore different claiming strategies based on your own work record.
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Ava Rodriguez
•Thank you! I do have a my.ssa.gov account but honestly hadn't looked at the estimated benefits calculator much. I'll definitely explore that to get a better picture of what I can expect when I decide to claim.
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