Will I receive my husband social security benefit after we divorced in 1999 I have not remarried but he has remarried.. who will get the social security check the first wife are the second wife.. I get an SSI check because I cannot work.. please help me..

Hi,

It sounds like you could potentially qualify for divorced spousal benefits as early as age 62 if all of the following are true:
1) You were married for at least 10 years;
2) You are currently unmarried;
3) Your ex-spouse paid into Social Security long enough to qualify for benefits; and,
4) Your ex-spouse is either drawing benefits, or is at least age 62.

Of, if your ex dies you could potentially qualify for survivor benefits as early as age 60 (or age 50 if you're disabled), provided that items 1, 2 & 3 in the above list are true. Whether or not your spouse has remarried is irrelevant. More than one ex-spouse can qualify for divorced spousal benefits if they meet all of the requirements for entitlement even if their ex's current spouse also qualifies for benefits.

However, if you're receiving Supplemental Security Income (SSI), then any divorced spousal benefits you receive would offset your SSI benefits roughly dollar for dollar.

Best, Jerry