Is My Husband’s Ex-Wife Really Allowed to Draw on His Social Security?

Social Security is a topic that affects every American at some point. Yet one aspect of it is still often considered taboo: claiming Social Security benefits on an ex-spouse’s record even after remarrying.

In fact, for someone married to a person who had a previous marriage, it can be uncomfortable to talk about this type of situation even with their own spouse.

So it’s not surprising that Joanne R. contacted us about such a situation.

She asked Money Talks News:

“My husband was married to his first wife for 10 years. His ex-wife remarried and divorced twice since. She is collecting spousal benefits on my husband’s Social Security record. I thought if a person remarried, they were not eligible to collect on the first spouse’s record. What is correct?”

An exception to the rule

Thanks for your question, Joanne. What you described is partially true: Generally, a remarried person can’t claim Social Security benefits based on their ex-spouse’s earnings record and receive what are often called “divorced spousal benefits” or “ex-spousal benefits.”

There is an exception to this rule for married individuals whose subsequent marriages have ended — that is to say, divorced people who are currently unmarried.

So if your husband’s ex was still married to one of her subsequent spouses, she could not draw on your husband’s benefits. However, if her second and third marriages have ended — whether due to divorce, annulment or death — she could be eligible to receive divorced spousal benefits based on her first husband’s record.

One requirement for receiving divorced spousal benefits is that the applicable marriage lasted for 10 or more years. But it sounds like your husband’s ex meets that requirement, thereby qualifying her to draw on his benefits.

So, since her subsequent marriages ended and her marriage to your husband lasted at least 10 years, she was able to apply for and receive divorced spousal benefits on his record. The amount of those benefits would be up to 50% of his full benefit amount.

Most likely, she claimed divorced spousal benefits because the amount was more than the benefit amount she would have received based on her own earnings record, meaning her own retirement benefit amount.

While it may be uncomfortable for you or your spouse to accept or discuss this, his ex was not required to notify him or ask for his permission when claiming divorced spousal benefits based on his earnings record.

The good news is that even though she is collecting benefits based on your husband’s record, it does not reduce or otherwise affect his Social Security benefit amount.