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Can My Husband And I Still Receive Divorced Spousal Benefits?
Dear Larry, My current husband and I have been married for 4 years and are both eligible for ex-spousal SS benefits as of March 2018. My question is under the rule, RS 00202.045 Remarriage of a Divorced Spouse - Policy is it necessary for us to divorce each other in order to qualify for the ex-spousal benefit or will the Social Security Administration make an exception since we are both entitled to that benefit? If it is necessary we will divorce now and remarry at a later time ashe difference in benefit amounts is substantial. Thanks for all of your help. Linda
Hi Linda,
'Entitled' to a benefit for Social Security purposes means that you have filed for the benefit and have started collecting it. The Social Security operations manual reference that you cite in your question (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300202045) applies to people who remarry after they've already become entitled to divorced spousal benefits. So, If you and your husband weren't already drawing divorced spousal benefits when you married, then you couldn't become newly entitled to divorced spousal benefits throughout the duration of your current marriage.
You and your husband may want to strongly consider using the maximization software available on this website to explore your options and determine your best overall filing strategy.
Best, Jerry