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Will my DH's ex be able to draw from his social security? and will it affect how much he or i will draw from it?

My DH is 61 years old, and his ex is almost 59. And they were married for 10 years, and been divorced for 29 years. I been married to DH for the last 29 years. I have heard different things on this. here is some things i was told.
They were married for 10 years, so she can draw from his social security.
I've heard it both ways, i heard if she drawed from his social security, it would affect what he or i draw. and i heard it would not affect us. I heard she can only draw from his social security if she is not married. She is now married. She married 3 more men after divorcing DH. She is now married to her 4th husband. I just don't think its fair for any government to let an ex thats been divorced for so long be entitled to draw from an ex's social security especially if it will affect what the ex or his current wife draws. Does anybody know anything about this? I am getting concerned.


Asked by Honda309 at 5:10 PM on Jan. 19, 2011 in Money & Work

Level 16 (2,776 Credits)
This question is closed.
Answers (15)
  • She can't collect.


    You can receive benefits on your ex-husband's Social Security record if he is receiving Social Security benefits (or is deceased) and:

    • your marriage lasted 10 years or longer;

    • you are presently unmarried;

    • you are age 62 or older (if he is deceased, you can collect benefits at age 60 or age 50 if you become disabled); and

    • you are not entitled to an increased benefit on your own record which exceeds one-half of your ex-husband's unreduced benefits.

    Read another article here.


    Answer by musicmom08 at 5:57 PM on Jan. 19, 2011

  • She can only collect if she had not remarried. I had to look this up for someone else once. SS benefits are for the spouse. If the spouse never remarried she would be considered his spouse, and so would you. Since she remarried she is now someone elses spouse. No double dipping.

    Answer by gemgem at 5:28 PM on Jan. 19, 2011

  • Sounds like you need to visit the website for Social Security. I would think she has no claim on it. There are no minor children, she is remarried and so is your hubby. Better check on it at the official website though. Or call your local Soc. Sec Administration.

    Answer by collier5 at 5:33 PM on Jan. 19, 2011

  • If she had never remarried she could have. But since she did she can't. It wouldn't have effected either of you anyway. Don't give it another thought.

    Answer by LoveMyDog at 6:35 PM on Jan. 19, 2011

  • She can only collect his social security if he passes, not before. If he passes you and her will get the same amount

    Answer by leksismommy at 5:13 PM on Jan. 19, 2011

  • That would only be in instances where the ex has underage kids,which for her,is not the case

    Answer by butterflyblue19 at 5:13 PM on Jan. 19, 2011

  • depending on the state. i know a couple who were married for 25 years. she is able to draw on his SS and his retirement. i don't THINK it affects how much SS he gets. not sure about the retirement, though. and he is on his 3rd marriage.

    Answer by itzmyzoo at 5:14 PM on Jan. 19, 2011

  • All I know is the first wife is entitled to military retirement if he dies. So my ex was in the army for 20 years if he dies I get that money I can also deny the money so whomever is his current victim can have it instead

    Answer by alotleft2do at 5:15 PM on Jan. 19, 2011

  • My mom just found out she can not draw off my dads Social Security check because she did not get it put in the divorce papers.


    Answer by louise2 at 5:49 PM on Jan. 19, 2011

  • If she remarried, she can't get anything. If she never remarried and was married to him for 10 years, she can get SS through him (it will not affect the amount he gets) but not in addition to what she might get on her own. She would get the greater of the two. (We just did checked into this for my MIL).

    Answer by Anonymous at 8:40 PM on Jan. 19, 2011