Can ex-husband get Social Security benefits from ex-wife's record if he has insufficient credits? International marriage complications

Yes! Your uncle likely qualifies for divorced spouse benefits. SSA rules state that if someone was married for at least 10 years before divorcing, never remarried, and is at least 62, they can collect on their ex-spouse's record - even if the ex has remarried. The fact that they weren't married while she earned her credits in the US doesn't matter. The marriage being in another country is fine too, as long as it was legally recognized. He'll need to provide proof of the marriage and divorce when applying. The benefit would be up to 50% of your aunt's full retirement amount (depending on when he claims). Since he's 85, he'd get the maximum possible.

my dad got benefits from my moms record after they divorced he didnt have much work in america either. they make u bring alot of paperwork tho. gotta prove the marriage happened and everything. took like 3 months to get approved but he got backpay

There's actually an issue nobody's mentioned yet. Even though your uncle meets the 10-year marriage requirement, there's a separate residency requirement for non-citizens claiming benefits. If he's not a US citizen, he generally needs to have legally resided in the US for at least 5 years and been legally married to the worker during that time. If he became a citizen or meets certain residency requirements, then yes - he can claim on her record regardless of when or where they were married. But if he's still a non-citizen with limited US residency, he might face additional restrictions. I recommend contacting SSA directly to clarify his specific situation.

I tried helping my mother with almost EXACT same situation last year and let me tell you - NIGHTMARE dealing with SSA!! Called for weeks, always busy signals or 3+ hour waits then disconnected!!! Finally found this service called Claimyr that got us through to an actual SSA agent in 20 minutes. They charge a fee but worth EVERY PENNY after weeks of frustration. You can see how it works at https://youtu.be/Z-BRbJw3puU - saved us so much time. The agent we spoke to confirmed my mom could get benefits from ex-husband's record despite moving to US after divorce.

My situation was sort of similar. My husband died while we were living overseas (Germany). I had worked in the US before moving abroad. When I moved back to the US after his death, I applied for widow benefits even though he never worked a day in the US. Got denied because he never contributed to SS system. Not sure if divorce cases are handled differently though.

One more important thing: If your uncle has a pension from work in Brazil that didn't pay into Social Security, his benefits might be reduced due to the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO). This is something else to ask about when you contact SSA.

btw your aunt wont even know hes applying unless you tell her. my mom had no idea my dad got benefits on her record til i mentioned it at thanksgiving BIG MISTAKE lol huge fight

wait i'm confused why does everyone keep saying ex spousal benefits?? isnt that only for retirement?? i thought he needed disability benefits??? im so confused by all these different SS benefits!!

Make sure your uncle applies as soon as possible! Benefits aren't retroactive indefinitely - typically only 6 months back from application date. Since he's 85, he's potentially been eligible for many years and has missed out on significant benefits. The process can take time, especially with international documentation, so start immediately.