Hi Larry,
I am recently divorced after being married for 23 years. Will I be able to get some of my ex husbands social security benefits?
Thank you.
Rebecca

Hi Rebecca,

I can't give you a specific answer without additional information about you and your ex-spouse. It sounds like you meet the duration of marriage requirement for divorced spousal benefits, but you would also need to meet the other requirements in order to actually be paid benefits. The basic requirements for divorced spousal benefits are as follows:

1) Your ex-spouse must be receiving Social Security retirement or disability insurance benefits, or your divorce must have been final for at least 2 years and your ex must be at least age 62.;
2) You are age 62 or over;
3) You are not married;
4) You were married to the worker for at least 10 years before the date the divorce became final; and,
5) Your ex-spouse's primary insurance amount (PIA), or full retirement age rate, is more than twice as much as your own PIA. However, if you were born before January 2 1954, you can apply for divorced spousal benefits even if your PIA is more than half as much as your ex's PIA provided that you don't file for benefits prior to full retirement age (FRA).

If your ex-spouse dies before you, the requirements for surviving divorced spousal benefits can be found in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html.

Best, Jerry