Social Security offers conflicting advice on ex-spouse benefits

A woman who was married for 23 years and subsequently divorced due to infidelity is seeking guidance on claiming Social Security benefits based on her ex-husband's work record. She has encountered conflicting information from the Social Security Administration (SSA), prompting her to seek clarity on the eligibility requirements and application process.

According to SSA rules, an ex-spouse may be eligible for benefits if the marriage lasted at least 10 consecutive years, and the claimant is not currently remarried. Both the claimant and the ex-spouse must be at least 62 years old, and the divorce must have been finalized at least two years prior, or the ex-spouse must already be receiving retirement benefits. If these conditions are met, the ex-spouse can receive a benefit equal to half of the ex-spouse's primary insurance amount (PIA) if claimed at their full retirement age. This benefit is only paid if it is higher than the claimant's own earned Social Security benefit.

Remarrying before claiming benefits changes the eligibility criteria; in such cases, spousal benefits would be based on the current spouse's work history. However, if the current marriage ends in divorce or death, the individual may then be able to claim benefits based on a previous ex-spouse's record if they meet all the necessary rules.