Dear Rusty: I am 76 years old and a retired high school counselor/teacher. I was married to my first husband from 1968 until 1981. He is still living, and he remarried two more times and, I believe, he is currently divorced. He is 77 years old. His income was always much higher than mine. I was married to my second husband from May 1989 until we divorced in April 2017. My second husband died in June 2023. What I wonder is if I am entitled to receive Social Security benefits based upon the income of either of my ex-husbands? Signed: Twice Divorced Spouse
Dear Twice Divorced: Divorced spouses are entitled to the same benefits as a current spouse if their marriage lasted at least 10 years which, in both cases, yours did. The other caveat is whether your own SS retirement benefit is less than you are entitled to from either of your ex-husbands. If your own SS retirement benefit is less, then you will get an incremental amount on top of your own SS retirement to bring your total monthly benefit up to your spousal (or surviving spouse) entitlement.
Since your first husband is still living, it is likely that your best financial option is to claim a surviving ex-spouse benefit from your deceased 2nd husband. The reason is that survivor benefits from husband #2 are based on his actual benefit at his death, whereas benefits from a living ex-spouse (husband #1) are based upon his full retirement amount. In other words, it is likely that 100% of deceased husband #2’s benefit at his death is more than 50% of living husband #1’s current benefit at his full retirement age (FRA).
It is, of course, possible that 50% of your first husband’s FRA entitlement is more than 100% of your second husband’s benefit at death, in which case your ex-spouse benefit from your first husband could be more. The only way to sort this out is to contact Social Security (1-800-772-1213) to make an appointment to apply for surviving ex-spouse benefits from your deceased second husband. Explain that your first ex-husband is still living, and that you are unsure of what your benefits are as your first husband’s ex-spouse. Social Security will be able to determine from their records which one provides you with a higher benefit amount (provide each husband’s Social Security number when you call). As I said, your best financial option will likely be to take your survivor benefit from your deceased second ex-husband (note, however, if your first ex-husband also dies before you, you can subsequently file for a survivor benefit from him, if that is more than you are getting from your second husband’s record).
Russell Gloor is an Association of Mature American Citizens certified social security advisor. To submit a question, visit amacfoundation.org/programs/social-security-advisoryor email ssadvisor@amacfoundation.org.
