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 a former spouse’s record even after remarriage.
In fact, for a person married to someone who has had a previous marriage, it may be uncomfortable to even talk to their spouse about this type of situation.
So it’s not surprising that Joan R. contacted us about such a situation.
He asked Money Talks News:
“My husband was married to his first wife for 10 years. His ex-wife remarried and has since been divorced twice. She is collecting spousal benefits on my husband’s Social Security record. I thought if a person remarries, they are not eligible to collect benefits on the first spouse’s record. Is that correct?”
exception to the rule
Thanks for your question, Joan. What you described is partly true: Generally, a remarried person cannot claim Social Security benefits based on their ex-spouse’s earnings record and cannot receive what is often called “divorced spouse benefits” or “ex-spouse benefits.”
There is an exception to this rule for married persons whose subsequent marriages have ended – that is, divorced people who are currently unmarried.
So if your husband’s former wife is still married to one of his subsequent spouses, she cannot take advantage of your husband’s benefits. However, if her second and third marriages have ended—whether due to divorce, annulment, or death—she may be eligible to receive divorced spouse’s benefits based on her first husband’s records.
One requirement to receive divorced spouse benefits is that the applicable marriage last for 10 or more years. But it sounds like your husband’s ex-wife meets that requirement, making her eligible to receive his benefits.
Therefore, since her subsequent marriages ended and her marriage to your husband lasted for at least 10 years, she was able to apply for and receive divorced spouse’s benefits on her record. The amount of those benefits will be up to 50% of his full benefit amount.
Most likely, she claimed divorced spouse’s benefits because the amount was higher than the benefit amount she would have received based on her own earnings record, meaning her own retirement benefit amount.
Although it may be uncomfortable for you or your spouse to admit or discuss it, your ex-spouse was not required to notify her or ask for her permission when claiming divorced spousal benefits based on her earnings records.
The good news is that even though she is collecting benefits on your husband’s record, it does not reduce or otherwise affect his Social Security benefit amount.