Can you draw social security on a ex-spouse if you have remarried?

Answer 1

If your divorced spouse dies, you can receive benefits as a widow/widower if the marriage lasted 10 years or more. Benefits paid to a surviving divorced spouse who is 60 or older will not affect the benefit rates for other survivors receiving benefits. Whether you had children together does not matter.

In general, you cannot receive survivors benefits if you remarry before the age of 60 unless the later marriage ends, whether by death, divorce, or annulment.

If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record. When you reach age 62 or older, you may get retirement benefit on the record of your new spouse if they are higher. Your remarriage would have no effect on the benefits being paid to your children.

This answer does not constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.

Neal J. Meiselman, Meiselman & Helfant, LLC, 29 Wood Lane, Rockville, Maryland 20850, www.meiselmanandhelfant.com, 301-279-8840.

Answer 2

No. You are eligible to draw retirement benefits against a living ex-spouse's work record if you are at least 62 years old, were married 10 years or more, are not currently married, and your ex-spouse is entitled to receive benefits.

If you ex-spouse is not entitled to receive benefits, you may still be able to entitled to compensation if, in addition to the requirements mentioned above, your ex-spouse is at least 62 years old and you have been divorced for two or more consecutive years.

Answer 3

If there is court ordered spousal support the ex spouse may be entititled to that amount from the obligated spouse's SS benefits. If there is no court ordered alimony the ex-spouse cannot apply for his or her share of SS benefits until the death of the SS beneficiary. Even so, the marriage must have legally existed for a minimum of 10 years before the surviving ex spouse can be eligible to apply for such benefits.

Answer 4

yes