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Can retired Ex husband draw on my SS

Asked over 3 years ago - Las Vegas, NV

I am 65 years old and plan to work until at least 70. I've been divorced from my ex spouse for 16 years. He is 71 years old. He remarried over 10 years ago. Can he draw social security based on my account while I'm working?.....after I retire and start to draw SS?

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Margery Ellen Golant

Reputation Level 18

Answered over 3 years ago. Foreclosure Attorney in Boca Raton, FL.

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Normally the answer to this depends on how long you were married and whether he is currently married. From the Social Security Administration web site:

"Benefits For Divorced Spouses - If you are divorced (even if you have remarried), your ex-spouse may qualify for benefits on your record if you are 62 or older. In some situations, he or she may get benefits even if you're not receiving them.

To qualify, your ex-spouse must:

have been married to you for at least 10 years;
be at least 62 years old;
be unmarried; and
not be eligible for an equal or higher benefit on his or her own Social Security record, or on someone else's Social Security record.
The amount of benefits your divorced spouse gets has no effect on the amount of benefits your current spouse may receive."

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