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Can I Collect From My First Husband If I'm Legally Separated From My Second Husband?
Hi Larry,
I am legally separated from my second marriage. I was married to my first husband for 17 years. Can I collect from my first husband social security retirement benefits?
Thanks
Hi,
Assuming that your first husband is still living, you couldn't collect divorced spousal benefits while you're currently married to someone else (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). It doesn't matter whether or not you are separated from your current spouse, unless you are divorced.
If your first husband is deceased, then you could only collect survivor benefits if your current marriage occurred when you were age 60 or older, or if your current marriage ends in death or divorce.
Best, Jerry
Category:
Posted:
August 10, 2020