Can I claim Social Security benefits on first ex-husband's record after my second divorce?

Good news - you can definitely claim on your first ex-husband's record since you were married for more than 10 years (the minimum requirement). The key thing is that you need to be currently unmarried when you apply. So once your current divorce is final, you'll be eligible. There's no 2-year waiting period in your situation. That rule only applies if you're divorced and then remarry the same person. For different ex-spouses, you just need to be unmarried at the time of application. Whether your ex has started collecting doesn't matter for your eligibility, but it does affect when you can start. If he's already filed, you can claim ex-spouse benefits immediately after your divorce. If he hasn't filed yet but is eligible (he's over FRA at 65), you can still file but must wait 2 years after your divorce is final. At 62, you'll get a reduced benefit (about 32.5% less than waiting until your full retirement age). Be sure to compare this amount with your own record to see which gives you more.

my sister went through this exact thing!!! she had to bring her ORIGINAL divorce papers to the SSA office when she applied. make copies before u go because they might keep them!! and they are SUPER strict about the 10 yr marriage rule. like if you were married 9 years and 11 months they will reject you. good luck!!

You've received some good information already, but I'd like to clarify a couple of important points about ex-spouse benefits: 1. The requirement is that you must be unmarried at the time you apply for ex-spouse benefits. Once your current divorce is final, you'll meet this requirement. 2. There is no waiting period to apply based on your first ex-spouse's record after your current divorce. The 2-year rule is only if you divorce and then remarry the same person. 3. If your ex-husband hasn't filed for his benefits yet, you can still file on his record if: - Your divorce from him has been final for at least 2 years (which it has) - He's eligible for benefits even if he hasn't applied (which at 65, he is) 4. At 62, you'll receive approximately 70-75% of the full ex-spouse benefit amount you'd get at your full retirement age. 5. Be sure to compare with your own record - you'll receive whichever is higher, but not both. I recommend scheduling an appointment with SSA to discuss your options. The ex-spouse rules can be complicated, and they can calculate the exact benefit amounts based on both records.

DONT BELIEVE THE HYPE about getting appointments with SSA!!!!! I tried for WEEKS to get through on their phone line. Always busy signal or get disconnected. The online appointment system is a JOKE - no available appointments within 60 miles of me for 3 MONTHS!!!! Their website is confusing and gives contradictory info. I finally gave up trying to reach them about my divorced spouse benefits question.

I recently went thru this same thing after my second divorce! One thing nobody mentioned is that when you apply on your ex's record, they DON'T notify him or contact him about it. I was worried about that but the SSA agent told me it's completely confidential. He'll never know you applied using his record. I was super relieved about that. Good luck!

Just to add to what everyone's saying - you might want to check if you should claim on your own record first and then switch to the ex-spouse benefit later, or vice versa. The rules for this changed with the Bipartisan Budget Act of 2015, so it depends on your birth year. Since you were born before January 2, 1954 (you're 62 now in 2025), you might still be able to use a restricted application strategy. But definitely confirm this with SSA as the rules are complex. Also, on a practical note, when you apply, make sure you have: - Your marriage certificate from the first marriage - Your divorce decree from the first marriage - Your divorce decree from the current marriage (once finalized) - Your birth certificate - Your ex's Social Security number (if you know it - if not, they can usually find it with his full name and date of birth

The previous commenter is correct about the restricted application. Since you were born before January 2, 1954, you're grandfathered into the old rules. This means once you reach your Full Retirement Age (probably 66+), you could potentially file a restricted application for just ex-spouse benefits while letting your own retirement benefit grow until age 70. However, this only works if you wait until your FRA to file. If you file at 62 for either benefit, you'll be deemed to be filing for both and will just get the higher amount. And to answer your earlier question - yes, SSA can tell you if your ex is receiving benefits without you having to contact him. They won't give you the amount, but they can confirm if he's filed, which affects the timing of when you can claim on his record.

NOBODY has mentioned the most important thing!!! Ex-spouse benefits are capped at 50% of your ex's PIA (Primary Insurance Amount) at HIS full retirement age. And that's IF you wait until YOUR full retirement age. If you take it early at 62, you'll get WAY less - like 35% of his benefit amount. And if your own benefit is higher than that, you just get your own anyway!!! The whole divorced spouse benefit might not even be worth it for you!

Just want to emphasize something important based on my own experience: when you go to apply, make sure you specifically tell them you want to apply for divorced spouse benefits. I made the mistake of just saying I wanted to apply for Social Security, and they only looked at my own record. When I went back later and specifically asked about ex-spouse benefits, they said "Oh, you didn't mention you were applying for that" and I had to start the process over. Be very clear about which benefit you're applying for, and ask them to compare both options for you.