Ask Larry

I was married over 30 years before divorcing. I later remarried but my second husband died after 3 years of marriage. My first husband also remarried but his marriage ended in divorce after 2 years.
My first husband is yet living as is his second wife. We are all in our 80's.
Am I entitled to collect any of my first husband's social security benefits? I was not awarded anything in the divorce.

Hi. You can't claim any part of an ex-spouse's actual benefit payment, but you can potentially qualify for auxiliary or survivor benefits on the account of an ex-spouse. However, a person who's entitled to more than one type of Social Security benefit can only be paid up to the higher of those benefit rates. In other words, you basically can't collect more than one benefit at a time. So, the only way that you could be paid divorced spousal benefits is if your divorced spousal rate would be higher than the amount that you currently receive.

People who are potentially eligible for divorced spousal benefits on a living ex-spouse's account can be paid up to 50% of the amount of their ex-spouse's primary insurance amount (PIA). Social Security should be able to tell you whether or not 50% of your ex's PIA would be more than the amount of the benefit that you currently receive. If your ex-husband's PIA isn't high enough for you to qualify for any divorced spousal benefits while he's living, you might still be able to qualify for benefits on his record if he dies before you. Surviving divorced spouses can be paid up to their ex's full benefit rate, assuming that the ex's benefit amount is higher than the amount of any benefits that the surviving ex-spouse currently receives.

Best, Jerry