Can I claim ex-spouse Social Security benefits with multiple marriages and a higher-earning ex?
I'm trying to figure out my Social Security options after a complicated marital history. I was married to my first husband for 14 years before divorcing. My second marriage lasted 7 years until my husband passed away (I was 35 when we married). I'm now 67 and have been married to my third husband for 11 years, but he's terminally ill. My first ex-husband is retiring soon and will receive about $46,000 annually from Social Security while my benefit is only around $19,000. Can I claim anything from my first ex-husband's record since we were married over 10 years? I'm confused about whether my current marriage affects this, especially with my husband's declining health. I've tried calling SSA but keep getting disconnected after waiting for hours. Anyone know how much I could potentially receive based on my first husband's earnings?
20 comments
LilMama23
Yes, you can potentially claim divorced spouse benefits based on your first husband's record since you were married for more than 10 years. However, you cannot claim these benefits while you're currently married to someone else. If your current husband passes away, you would then be eligible to claim on your first ex's record. The benefit would be up to 50% of his full retirement amount, but it depends on your age when you claim and whether you're already receiving your own benefits. If your own benefit is $19,000 annually, you'd potentially receive the difference to reach 50% of his benefit (if it's higher).
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Aisha Patel
•Thank you for explaining this. So I need to wait until I'm not married anymore before I can claim on my first ex's record? And then I'd get the difference between my benefit and half of his? So if half of his is $23,000, I'd get an extra $4,000 per year? This is all so confusing.
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Dmitri Volkov
i think you got it wrong about ex spouse benefits. my sister claims on her ex even tho shes remarried now. as long as your current husband isnt giving you benefits you can get the ex ones. check ssa.gov its all there
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LilMama23
•That's actually incorrect. You cannot receive divorced spouse benefits if you remarry. The SSA website clearly states: "If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce, or annulment)." Your sister may be receiving survivor benefits from a deceased ex-spouse, which have different rules, or there might be another explanation.
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Gabrielle Dubois
I was in a similar situation last year and found it SO frustrating trying to reach SSA to get answers! When my second husband was diagnosed with cancer I needed to understand my options. I tried calling for weeks with no luck - either disconnected or on hold forever. I finally used Claimyr (claimyr.com) and got through to an agent in under 10 minutes! They have this video showing how it works: https://youtu.be/Z-BRbJw3puU. The agent explained all my spousal and survivor benefit options clearly. Saved me weeks of stress during an already difficult time.
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Tyrone Johnson
•Is this legit? Seems too good to be true with how impossible it is to reach SSA these days. I waited 3 hours on hold last week only to get disconnected right when someone answered!!!
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Gabrielle Dubois
•It's definitely real. My sister-in-law actually recommended it to me after she used it. The service just helps you skip the phone queue. The SSA agents are the real SSA employees, so you get the same official information you would normally.
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Ingrid Larsson
Here's how the rules actually work for your situation: 1. You cannot claim divorced spouse benefits while currently married, regardless of your current spouse's health status 2. After your current husband passes, you'll have two options: - Survivor benefits from your current husband (potentially 100% of his benefit) - Divorced spouse benefits from your first husband (up to 50% of his benefit) 3. You would choose whichever gives you the highest total benefit One important note: Given your multiple marriages, you should also look into whether you might qualify for survivor benefits from your second husband who passed away, even though that marriage lasted less than 10 years. In some cases, you can receive survivor benefits from a marriage that lasted less than 10 years if you have specific circumstances.
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Aisha Patel
•Thank you for laying this out so clearly. I didn't even consider survivor benefits from my second husband since we were only married 7 years. My third husband's benefit is actually lower than mine, so I doubt survivor benefits would help there. It sounds like I need to wait until I'm no longer married and then apply for the divorced spouse benefit from my first husband since his benefit is substantially higher than mine. Is there any paperwork I should prepare in advance?
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Carlos Mendoza
Wait I'm confused about something - you said your first ex-husband will get $46k from SS? That seems REALLY high for annual SS benefits. The maximum benefit at full retirement age in 2025 is way less than that. Are you sure that's not his annual salary or something else?
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Aisha Patel
•You're right, I might have confused numbers. I think the $46,000 might be his annual pension plus Social Security combined. I just know his benefit is substantially higher than mine because he worked in management while I had many years out of the workforce raising our children. Thanks for catching that - this whole system is so complicated!
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Zainab Mahmoud
THE WHOLE SYSTEM IS RIGGED AGAINST WOMEN WHO TAKE TIME OFF TO RAISE KIDS!!! I was married 22 years, stayed home with kids while he built his career, now he gets $3200/mo and I get $1100/mo. And they make it IMPOSSIBLE to actually talk to anyone at SSA to get straight answers. I've been trying for MONTHS to sort out my divorced spouse benefits and keep getting different answers every time I manage to reach someone!!!
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Ingrid Larsson
•You're right that there are inequities in how benefits accumulate, especially for caregivers. The divorced spouse benefit is actually meant to help address this by allowing you to claim up to 50% of your ex's benefit if it's higher than your own. Have you filed the specific application for divorced spouse benefits (not just regular retirement)? It's a separate process, and many SSA representatives don't automatically check for this eligibility.
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Tyrone Johnson
Just to add to the excellent advice here: document everything! Keep record of all your marriages with dates (marriage certificates and divorce decrees). When the time comes to apply, having these documents ready will make the process smoother. The SSA's systems don't always have complete marriage histories, especially for divorces that happened decades ago. I learned this the hard way and spent months trying to prove my marriage length for divorced spouse benefits.
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Aisha Patel
•That's great advice. I think I have all the documents somewhere, but I should probably organize them now. I have my divorce decree from my first marriage and the death certificate for my second husband. Would I need anything else to prove the timeline?
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Tyrone Johnson
•You'll also want to have all marriage certificates. And if your name changed at any point, make sure you have documentation of those changes too. The SSA will want to connect all the dots in your identity and marriage history. Having your first ex-husband's Social Security number is also extremely helpful (though not absolutely required).
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Dmitri Volkov
my mom got benefits from 2 exhusbands at the same time so it might depend on ur situation call them and check dont listen to ppl on here
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LilMama23
•That's not possible under Social Security rules. You can be eligible for benefits from multiple spouses/ex-spouses, but you'll only receive the highest amount you're eligible for. Your mother might have received benefits sequentially (first from one ex, then switched to another when it was more advantageous) or she might have received benefits from one ex-spouse and then survivor benefits after another ex passed away, but she wouldn't receive multiple benefits simultaneously.
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Aisha Patel
Has anyone actually successfully claimed on an ex-spouse's record after being widowed from a subsequent marriage? I'm just trying to understand what the process will be like when the time comes. Should I go to my local SSA office or try to handle it by phone?
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Gabrielle Dubois
•I did this last year after my husband passed. The local office was backed up for months, so I made a phone appointment using Claimyr to skip the wait. The agent walked me through all my options based on my marriage history. In-person is good if you have lots of documents they need to see, but phone worked fine for my initial application. They just needed me to fax/upload the supporting documents afterward.
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