If you are divorced, you may be able to get Social Security benefits on your ex-spouse’s account, even if your ex-spouse has re-married. In order to qualify, the marriage to your ex-spouse must have lasted ten years or longer. You must also be currently un-married and sixty two years of age or older with an ex-spouse who is eligible for Social Security retirement or disability benefits and whose benefit would be greater than the one you would receive. If you do re-marry, you may not claim your ex-spouse’s benefits unless the re-marriage ends by death, divorce or annulment.

If you claim your ex-spouse’s benefits at full retirement age (seventy years old), then you would be entitled to 50% of the ex-spouse’s benefits. This benefit has no impact on the amount of benefits your ex-spouse receives and does not include any delayed retirement credits your ex-spouse may receive.

If you are entitled to retirement benefits on your own Social Security account, the Social Security Administration will pay your benefit first. But if your ex-spouse’s amount is higher, you may get a combination of your ex-spouse’s benefits and your own benefit.

In the event that your ex-spouse has passed away and your marriage lasted ten years or longer, you may also be entitled to their Social Security benefits. Re-marriage before age sixty (age fifty if you are disabled) will disqualify you for these benefits. If you re-marry after this age, the marriage will not affect your ability to receive benefits.