Ask the Expert: Collecting an ex's benefits

A woman who is working on her second divorce wants to know the rules for collecting the spouse benefits from her first husband who has died.
I was divorced in 1982 after a 23-year marriage. I remarried that same year. Now, I'm divorcing my second husband. I am 71. My first husband died in 2003. My second husband is 55. After this divorce is final, will I qualify for some of my first husband's Social Security?
Yes. After the second divorce, you'll qualify for a Social Security benefit as your first husband's "widow." And given the duration of your second marriage, you may become eligible for Social Security based on your second husband's work record after he turns 62.
But you can't collect as husband No. 1's "widow" and husband No. 2's ex-wife (or "widow", if he predeceases you) at the same time! If you're eligible for benefits from both marriages, you must choose between them.
The rules:
To qualify for benefits based on a living ex-spouse's record, you must be at least 62 years old and unmarried, the marriage must have lasted at least 10 years, and your ex must be at least 62.
You can apply for a widow or widower's benefit based on a deceased spouse or ex-spouse's record as early as age 60 if you're unmarried. But to obtain the maximum benefit -- 100 percent of what your deceased spouse or ex-spouse was entitled to receive -- you must postpone your application until your own full retirement age.
If you qualify for a benefit based on your own work record, as well as a benefit based on your spouse's or ex-spouse's record, you'll receive an amount equal to the larger of the two -- not both.
The bottom line If you were married more than once, and each marriage lasted at least 10 years, you may have more Social Security options than you realize. But you can't exercise more than one option at a time.
Websites with more information bit.ly/bCJya4 and 1.usa.gov/pSHS5k
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