Full question: I have been divorced from my 2nd husband for 10 years now and have not remarried. He, however, remarried 2 years ago. When I’m able to draw Social Security Retirement in 10 years, can I still draw off him or will I only be able to draw what I’ve paid in during the years? Also, if he should die before me I was told that I could draw his full Social Security Retirement if I have never remarried. Was wondering how true that was as well. Thank you!

Hi there,

Very good questions!

If you were married for more than 10 years, you are eligible for an ex-spousal benefit. It does not matter if he has remarried. Since you have been divorced for over two years, you are “independently entitled” to apply for and collect those benefits even if he has not started collecting his retirement benefit.

If he passes away you would be eligible for a survivor benefit, if you do not remarry prior to age 60. The amount of that benefit depends on several factors and an RSSA can help you with the analysis at that time.

To get more personalized support from an RSSA, schedule a consultation here.

All the best,
Martha

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