Social Security benefits after 2nd divorce - can I claim on 1st husband of 29 years?
I'm currently going through a divorce from my second husband (short marriage, just under 3 years). I was previously married to my first husband for 29 years before divorcing him several years ago. I'm trying to figure out my Social Security options and feel completely confused. The timing seems to be a problem - I married my second husband when I was 56, so before the age 60 threshold I've read about. Does this permanently disqualify me from claiming on my first ex-husband's record even after my second divorce is finalized? I'm 62 now and wondering what my best strategy is. My first ex is 65 and I believe his full retirement age would be 66 and 10 months. I don't think he's collecting benefits yet. So many questions! - Can I receive any ex-spousal benefits from my 29-year first marriage? - How do I find out what amount I might get? - Does my first ex need to be collecting already for me to claim on his record? - Should I take my own benefits now or wait? What about taking ex-spousal benefits? I really appreciate any help figuring this out. The SSA website is so confusing on divorce situations.
15 comments
Luis Johnson
Yes, you can potentially claim on your first ex-husband's record after your second divorce is finalized, even though you remarried before 60. The key is that you'll be unmarried again when you apply. For ex-spouse benefits, you can claim as early as age 62, but you'll get a reduced amount. Your first ex doesn't need to be collecting already, but he does need to be at least 62, which he is. The rule is he needs to be "eligible" to claim, not actually claiming. As for benefit amounts, you'd get the higher of either your own benefit or up to 50% of your ex's full retirement age benefit (reduced if you claim early). Call SSA directly to get actual estimates. The strategy question is more complex. If you claim anything at 62, it's permanently reduced. If your own benefit at FRA would be higher than the ex-spouse benefit, you might consider waiting. There's no more "file and suspend" strategies available.
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Jasmine Hernandez
•Thank you so much for this information! I'm relieved to hear I might still be eligible for benefits on my first ex's record once my current divorce is final. One follow-up question - when you say I'd get the higher of my own benefit or up to 50% of my ex's benefit, does that mean I have to choose one or the other? Or can I take the ex-spouse benefit now and switch to my own later when it would be higher?
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Ellie Kim
My sis went thru similar thing but diff ages. she had to bring marrige license from 1st hubby and divorce papers to ssa office. they were rude and said come back with better copies. whole thing took like 3 months just to get a answer!!
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Fiona Sand
•The SSA is ALWAYS losing paperwork! I brought ORIGINAL documents and they still managed to mess up my claim. Made me come back THREE times for the same thing. They need to get their act together!!!
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Mohammad Khaled
To add to the previous accurate responses - there's a critical distinction here that affects your strategy: If you were born January 1, 1954 or earlier, you could file a "restricted application" for just the ex-spousal benefits while letting your own retirement benefit grow until 70. However, since you're 62 now, you were born after that cutoff date. This means when you file, you'll automatically be applying for both benefits and just receive whichever is higher. This is due to the deemed filing rule that was changed by the 2015 Bipartisan Budget Act. As for whether your ex needs to be collecting - no, but as mentioned, he needs to be eligible (which at 65, he is). The only requirement is that you must have been divorced for at least 2 years if he hasn't filed for his benefits yet. Regarding your best strategy, it depends on your health, financial needs, and benefit amounts. If you can wait until your FRA (probably around 67), your benefit will be about 30% higher than claiming at 62. If you can wait until 70, it would be 77% higher than at 62. You can create an account at ssa.gov to see your own estimated benefits, but for ex-spouse estimates, you'll need to speak directly with an SSA representative.
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Jasmine Hernandez
•I really appreciate this detailed explanation! I was born in 1961, so it sounds like that special restricted application isn't an option for me. That's disappointing, but at least I understand the rules better now. The divorce from my first husband was finalized over 5 years ago, so the 2-year requirement is met. I guess my best next step is to talk directly with SSA about the estimated amounts to make a good decision.
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Alina Rosenthal
Has anyone actually managed to TALK to someone at Social Security lately?? I've been calling for WEEKS and just get the "we're experiencing high call volume" message and then they hang up! So frustrating!
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Finnegan Gunn
•I had the same problem trying to reach SSA about my survivor benefits - kept getting disconnected or waiting for hours. I finally used this service called Claimyr (claimyr.com) that got me connected to an agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Completely worth it after wasting days trying to get through on my own. The agent I spoke with was actually really helpful once I got connected.
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Jasmine Hernandez
•I've had the same frustration! Been trying to get through for days with no luck. Thanks for the Claimyr suggestion - I'll check that out. At this point, I just need to speak to someone who can give me real answers about my specific situation.
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Miguel Harvey
i think ur overthinking this. just go to the ssa office with all ur papers and theyll tell u right there. i did that for my case and it was better than all the online research which just confused me more! social security rules r way too complicated anyways
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Luis Johnson
•While in-person visits can be helpful, I'd recommend calling ahead for an appointment rather than just showing up. Also, having a basic understanding of your options beforehand helps ensure you ask the right questions. Many SSA field office staff handle a wide range of programs and may not be specialists in complex divorce/remarriage situations.
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Fiona Sand
The rules are RIDICULOUS with ex-spouse benefits!! My friend lost out on THOUSANDS because she didn't understand the remarriage rules. If you remarry at ANY point, you lose benefits from husband #1 WHILE you're married to husband #2. Once that marriage ends (divorce/death), you can go back to claiming on #1's record IF the second marriage ended. But only if you file properly!! The SSA doesn't volunteer this info!!
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Mohammad Khaled
•You're correct that remarriage generally prevents you from collecting on a prior spouse's record during the new marriage. However, there's some nuance here that's important: 1. After a second divorce, you can indeed claim on the first ex-spouse's record if that marriage lasted at least 10 years 2. If the second marriage ended due to death, different rules apply for widow(er) benefits 3. SSA doesn't automatically check for all eligibilities - you do need to specifically apply For anyone in this situation, I recommend requesting an appointment with a claims specialist who can look at the specific details of both marriages.
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Jasmine Hernandez
I just wanted to thank everyone for the helpful responses. I think I understand my options much better now. I'm going to: 1. Finish my current divorce process 2. Try to set up an appointment with SSA (will look into that Claimyr service if I can't get through) 3. Bring documentation for both marriages to get accurate benefit estimates 4. Make a decision about when to file based on the actual numbers It's still confusing, but at least I have a path forward now! I appreciate everyone's help.
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Mohammad Khaled
•That sounds like an excellent plan. One final tip: when you do speak with SSA, ask them to calculate your benefit amounts under different filing ages (62, FRA, 70) so you can see the exact dollar difference. This will help you make the most informed decision based on your financial needs and life expectancy. Good luck!
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