Dear Liz: My question is regarding spousal Social Security. My husband and I have been married for close to 20 years. My husband’s first wife has never remarried. Could she be claiming my husband’s Social Security? If so, without us knowing it? And, how will that affect my Social Security when that time comes? Should mine be less than my husband’s, will I be able to claim my husband’s Social Security?
Answer: Strictly speaking, no one can claim anyone else’s Social Security. But someone can claim benefits based on the earnings record of a spouse or a former spouse under certain circumstances.
Specifically, your husband’s ex could claim a divorced spousal benefit based on your husband’s record, if that amount was greater than her own retirement benefit and the marriage lasted at least 10 years. She could receive up to half the amount he had earned as of his full retirement age. He does not need to be receiving his own benefit for her to receive a divorced spousal benefit, as long as he’s at least 62. He typically would not be notified that she had applied.
Claiming such a benefit doesn’t affect the amount your husband gets or that you might be entitled to. Your spousal benefit would also be up to 50% of the amount your husband had earned as of his full retirement age. For you to get a spousal benefit, however, your husband must have applied for his own benefit.
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