Ask Larry

Can I Draw My Divorced Husband's Social Security?

I am divorced can I draw my husband's social security or do I have to wait until he is deceased

Hi. You can't draw your ex-husband's actual benefits, but you might be able to qualify for divorced spousal benefits on his record. Divorced spousal benefits can potentially be paid on the record of either a living or deceased ex-spouse, provided that you meet the requirements.

To potentially be eligible for divorced spousal benefits on the record of a living ex-spouse, you must be unmarried and at least age 62, your ex-spouse must also be at least age 62 or drawing his Social Security benefits, and you must have been married to your ex-spouse for at least 10 years.

You must also have been married to your ex-spouse for at least 10 years in order to potentially be eligible for divorced spousal benefits on the record of a deceased ex-spouse, unless you have a child in your care who qualifies for child benefits on your deceased ex-spouse's record. Assuming that you don't have a qualified child in your care, you must also be at least age 60, or at least age 50 and disabled, and you must be unmarried unless your current marriage occurred after you reached age 60 or after you became entitled to disabled survivor benefits.

Best, Jerry

Posted: 
Mar 18 2021 - 5:27pm
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