Social Security benefits after 2nd divorce - can I claim on 1st husband of 29 years?

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.

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!!

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.

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!

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

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!!

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.

Just wanted to add one important point that might help with your planning - make sure to ask SSA about the "family maximum" when you speak with them. If your first ex-husband has other people claiming on his record (current spouse, other ex-spouses, children), there's a cap on the total benefits that can be paid out on his earnings record. This could potentially reduce what you'd receive. Also, since you mentioned you're 62 now, keep in mind that if you do decide to claim early (whether on your own record or as an ex-spouse), you'll be subject to the earnings test if you're still working. For 2024, you can earn up to $22,320 without affecting your benefits, but they reduce $1 for every $2 you earn above that limit until you reach full retirement age. These are just additional factors to consider when you're weighing your options with the SSA representative. The more complete picture you have, the better decision you can make for your situation.

I'm in a somewhat similar situation and have been researching this extensively. One thing I learned that might help - when you do get through to SSA, ask specifically about "protective filing." If you're unsure about timing but think you might want to claim soon, you can file a protective application that holds your place in line for up to 6 months while you gather information and make your final decision. Also, regarding your question about switching benefits later - unfortunately with the current rules, you can't really "switch" from ex-spousal to your own retirement benefit. When you apply, SSA automatically gives you the higher of the two amounts available to you at that time. So if you claim at 62, you'll get whichever is higher (your own reduced benefit or the ex-spousal reduced benefit), but you can't later switch strategies. The key decision is really about timing - claim early with permanently reduced benefits, or wait for larger benefits later. Given your complex situation with two marriages, I'd definitely recommend getting those specific dollar amounts from SSA before making any decisions. The difference between claiming at 62 vs full retirement age could be substantial depending on your work history.

I've been following this discussion as someone who went through a similar situation a few years ago. One thing I want to emphasize is the importance of getting everything in writing from SSA once you do speak with them. When I was navigating my ex-spouse benefits after my second divorce, I had three different SSA representatives give me conflicting information over the phone. I finally requested that all calculations and eligibility determinations be provided in writing, which helped tremendously when I had to clarify discrepancies later. Also, don't be surprised if the first person you speak with isn't familiar with complex divorce/remarriage scenarios. I had to ask to speak with a specialist who deals specifically with spousal and survivor benefits. The general representatives are knowledgeable, but these multi-marriage situations have so many nuances that it really helps to talk to someone who handles them regularly. One last tip - bring copies of ALL your marriage certificates and divorce decrees, even if you think they might not be relevant. I initially only brought paperwork from my qualifying marriage, but they ended up needing documentation from all my marriages to properly process my claim. Best of luck navigating this process! It's complicated but definitely worth getting right.

I've been working in Social Security disability advocacy for over 15 years and wanted to add a few practical tips for when you do get your SSA appointment: 1. **Timing matters for your appointment** - Try to schedule for early morning when staff are fresh and have more time to review complex cases like yours. 2. **Bring a written summary** - Write out your marriage timeline (dates married/divorced for both husbands) and your key questions. This helps keep the appointment focused and ensures you don't forget anything important. 3. **Ask about "what if" scenarios** - Have them calculate benefits for different filing ages (62, 65, 67, 70) so you can see exactly how much waiting would be worth in dollars. 4. **Get your ex-husband's earnings estimate** - While they can't give you his exact earnings history, they can tell you approximately what your ex-spousal benefit would be based on his record. The remarriage rules are definitely tricky, but you're asking all the right questions. The fact that your first marriage lasted 29 years puts you in a strong position once your current divorce is finalized. Many people don't realize they can claim on a prior ex-spouse's record after a subsequent divorce ends. Good luck with everything! These decisions are never easy, but getting the right information upfront will help you make the best choice for your situation.