Am looking entitled to part of my husband's Social Security since we divorced and he remaried? l am 65 and still work.

Hi,

The fact that your ex-husband is remarried would have no adverse effect on your potential eligibility for divorced spousal benefits. You must be unmarried in order to claim divorced spousal benefits, and you could only qualify for divorced spousal benefits while your ex is living if 50% of his primary insurance amount (PIA) is higher than your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). Your ex-spouse must also either be at least age 62 or drawing his benefits in order for you to be able to qualify for divorced spousal benefits, and your marriage to your ex would need to have lasted for at least 10 years (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html).

If you file for divorced spousal benefits you'll be deemed to also be filing for your own Social Security retirement benefits. You could only be paid essentially the higher of the two benefit rates, and your benefit rate will be reduced if you start drawing before FRA. Also, if you file prior to FRA your benefits could be subject to withholding if you earn too much (https://www.ssa.gov/benefits/retirement/planner/whileworking.html). You may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze the options available to you in order to determine your best strategy for maximizing benefits.

Best, Jerry