I was married from 1969 to 1977 to my first husband, then divorced due to him having a sex change operation. I remarried in 2008. I am currently 65. I took early retirement in 2014, due to health issues. Can I draw on either of my husbands SS? First one is 66 and is on SS, second one is only 48. Thanks for your time. Pamela

Hi Pamela,

Sorry, but the answer is no, at least for the time being. To be eligible on your first husband's record, you would have had to have been married for at least 10 years, and he would have to be at least age 62, and you would need to be unmarried now. To be eligible on your current husband's record, he would have to be drawing benefits on his own record.

So, unless your husband becomes entitled to Social Security disability benefits, you will not be eligible to receive spousal benefits at least until he is age 62 and applies for his SS benefits. Even then, you would only be eligible for an excess spousal benefit if his full retirement age benefit amount (PIA) is more than double the amount of your PIA.

You mention having health issues, so if you believe that you could be considered unable to work by Social Security standards (https://www.ssa.gov/disability/), you may want to consider filing for Social Security benefits. If you're approved, it could result in you receiving a higher monthly benefit amount.

Best, Jerry