Can ex-wife claim Social Security spousal benefits after second divorce?

Wait, really? So she can just bounce between marriages and keep the option to claim on mine? That seems unfair somehow. Does it matter that her second marriage was so short? And what if she remarries again in the future?

This is exactly right. I used to work for SSA and handled these cases often. The key factors are: 1) marriage to first spouse lasted at least 10 years, 2) currently unmarried, and 3) the benefit from the ex-spouse's record is higher than what they'd get on their own. The duration of the second marriage is completely irrelevant - could be 1 year or 1 month. As long as she's not currently married when she applies, she can claim on your record.

There's no waiting period after a second divorce before claiming on a previous spouse's record. You might be confusing it with the rule that says if you're divorced and want to claim on an ex-spouse's record, you need to have been divorced for at least 2 years UNLESS your ex is already receiving benefits. That's a common misconception. In this case, since the original poster mentioned he's turning 62 next year, if he files for benefits, his ex can immediately file for ex-spouse benefits (assuming she's at least 62 as well). If he doesn't file, she'd need to wait until they've been divorced for 2 years, but it sounds like that requirement is already met since they divorced in 2019.

I understand your frustration with missing the 10-year mark by just one month. It does seem arbitrary, but Social Security has to draw the line somewhere. For the original poster though, his situation is different - the 17-year marriage clearly qualifies for ex-spouse benefits. To clarify for everyone: if someone was married for at least 10 years before divorcing, they can claim on their ex's record if they're unmarried at the time of application. Previous marriages after the divorce don't permanently disqualify them - it's only their marital status at the time they apply and receive benefits that matters.

I had the same problem last month trying to sort out my own benefits. After four failed attempts calling the regular SSA line, I found a service called Claimyr that got me through to an agent in about 20 minutes. It basically waits on hold for you and calls you back when an agent is on the line. Saved me hours of frustration. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I got through, the agent confirmed exactly what others are saying here - an ex-spouse can claim on your record if the marriage lasted 10+ years and they're unmarried at the time of application, regardless of marriages in between. Worth getting the official word directly from SSA though.

Good point! Yes, the earnings test applies to ex-spousal benefits just like regular benefits. If she's under her Full Retirement Age (FRA) and working, her benefits can be reduced if she earns above certain limits ($21,240 in 2025). Also, she should know that if she claims before her FRA (which is likely 67 for someone in this age range), her spousal benefit will be permanently reduced. At FRA, an ex-spouse can get up to 50% of the worker's benefit, but it's reduced for early claiming. Finally, she can only get ex-spousal benefits if they're higher than what she qualifies for on her own record. Social Security automatically pays the higher amount.

Not necessarily. For divorced spouse benefits, the ex-husband doesn't need to be receiving his benefits yet AS LONG AS he's eligible for benefits (at least 62) AND they've been divorced for at least 2 years. Since they divorced in 2019, that 2-year requirement is met. So once they're both at least 62, she could file for divorced spouse benefits even if he hasn't filed for his own benefits yet. This is different from current spouse benefits, where the worker generally must file first. And yes, at her FRA she can get up to 50% of his PIA (Primary Insurance Amount). If she files earlier, it will be reduced permanently.

That makes more sense. She worked as a teacher for most of our marriage but in a state where teachers don't pay into Social Security, so she probably has limited SS credits from other jobs. I bet that's why she's so interested in claiming on my record.

Wow, I had no idea about this GPO thing. She does receive a teacher's pension, so this could change everything. No wonder the SSA phone lines are always busy - these rules are incredibly complicated! I definitely need to speak with someone who can explain all this based on our specific situation.