Ask Larry

Dear Larry, et al.,

We have computed that my wife's SSA RI benefits will be less than her divorced spousal benefits would be from her first marriage. I understand that she cannot claim these benefits, if she remarries, which she has. My question is: Would she be able to claim divorced spousal benefits from her first marriage, if she and I were to divorce? We've been married 5 years. She was married to her first husband for 27 years. Thanks.

Hi,

Yes, assuming that she meets all of the other requirements for entitlement to divorced spousal benefits on her first husband's record (https://www.ssa.gov/OP_Home%2Fhandbook/handbook.03/handbook-0311.html). But, that would likely also disqualify her from being able to draw benefits on your record. That may not be important depending on the potential benefit rates involved now and/or in the future, but you'll want to make sure that you know all of the ramifications involved if you're considering divorce simply for monetary reasons.

Best, Jerry