Ask Larry

Larry, I can't get an answer. I am remarried.

If We get divorecd I am 64 can I then take my ex husbands ss. Yes we we re married 11 years. Can my husband and I re marry or sign partnership papers after the divorce? When should I start collecting? does it make a difference. I'm desperate but can't get answer's This will help my family my husband and I are desperatly hanging on.

Thank you... Joanna

Hi Joanna,

I don't have enough information about your situation to properly answer your question. If you divorce, you could potentially receive benefits on a former spouse's record if you meet all of the requirements for entitlement. The requirements are different depending on whether or not your ex-spouse is still living. Here are a list of requirements for divorced spousal benefits and surviving divorced spousal benefits:
https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html
https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html.

If you do become entitled to benefits on a prior spouse's record, then a subsequent remarriage to someone else would terminate the entitlement if your ex is still living. But, remarriages occurring at age 60 or later do not bar entitlement as a surviving divorced spouse.

You may want to consider using the maximization software available on this website to explore your options.

Best, Jerry