Ask Larry

Hi Larry..my question is how can I received my ex husband's benefits...we were married 10 years and I am now remarried but am considering divorcing and remarrying to receive a better benefit..I am 53 and on disability. I have heard that I need to divorce before age 60 and remarrying after 62...my husband is a citizen of another country..your help is appreciated..Thank you

Hi,

First off, unless you have an eligible child in your care you couldn't qualify for divorced spousal benefits on a living ex-spouse's record until you reach at least age 62 (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0311.html). In addition, you must be unmarried in order to become entitled to benefits on the record of a living ex-spouse, regardless of your age when you remarried.

If your ex is deceased you could potentially be eligible for disabled surviving divorced spousal benefits now if you become unmarried (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html). A remarriage that occurs after age 60 or after disabled surviving divorced spousal entitlement begins wouldn't bar potential eligibility for survivor benefits on the record of a deceased former spouse.

Best, Jerry