Am I Eligible for My Ex-Husband's Social Security Benefits if He Remarried?

Full question:

hi i am divorced woman age 53 my ex husband remarried but then passed away 7 yr later after remarrying. his new wife collects from his state pension,but i was told of recent that i may be eligible to his social security benefits. is this true?

Answer:

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

•You are unmarried;
•You are age 62 or older;
•The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work; and
•Your ex-spouse is entitled to Social Security retirement or disability benefits.

For further information, please see:

http://www.socialsecurity.gov/retire2/divspouse.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, if your ex-wife remarries, it does not affect her entitlement to half of your retirement benefits that were awarded during the divorce settlement. However, the specifics can depend on the terms of the divorce decree and the type of retirement plan. It's best to consult with a legal professional to understand how remarriage might impact her rights.