Ask Larry

Would I Be Entitled To SS Based On My Ex-Husband's Record?

Female - DOB June 1953
Married Sept 1989 - Divorced October 2001
Moved to the U.K. 2006 - Kept US citizenship - Have Unlimited Leave to Remain Visa
Married a British Citizen - has never worked/lived in the USA, never paid SS or USA taxes so no entitlement.
I am both nearing SS age and considering moving back to the USA
Would I be entitled to SS based on my ex-husbands

Hi,

Assuming that your ex-spouse is still living, you couldn't qualify for divorced spousal benefits as long as you are still married. And, even if your ex dies you still couldn't qualify for survivor benefits on his record if you are married and your remarriage occurred before you turned age 60.

If you became unmarried then it sounds like you would meet the requirements for divorced spousal benefits if your ex is drawing his benefits or he is at least age 62 and has at least 40 quarters of Social Security coverage (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). You may want to consider using the maximization software available on this website in order to explore all of your filing options.

Best, Jerry

Posted: 
Dec 6 2017 - 4:44pm
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