Ask Larry

Dear Larry,
I was married for over 25 years when I became disabled. I was under age 50 at that time. I was divorced, remained single for a number years, and remarried 6 years ago. My ex-husband is approaching retirement age. I have read that that if I became disabled before age 50 I could draw on my ex's social security if it was higher than mine, even if I remarried. Do you have a definitive answer? I appreciate any help you can give me.
Thank you,
Robin

Hi Robin,

Disabled or not, you can't draw benefits on a living ex-spouse's record as long as your remarriage continues. There is a regulation that allows remarried surviving divorced spouses to still qualify for benefits on a deceased ex-spouse's record if their remarriage occurred after age 50 and after they became disabled, so maybe that's what you read about (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300207003).

You don't mention your current age, but you may want to consider using the maximization software available on this website to explore what filing options you may have.

Best, Jerry