Independent Entitlement and the 2-Year Divorce Rule
A frequent concern among divorced retirees is whether an ex-spouse must apply for retirement first. Fortunately, federal law protects you through Independent Entitlement. If you have been divorced for at least two continuous years and both you and your ex-spouse are at least age 62, you can file for ex-spousal benefits regardless of whether your former partner has claimed their own benefits. This rule prevents an uncooperative ex-spouse from delaying your personal retirement timeline.
Yes, I have been married multiple times but my first marriage was of 23 years and then my second one is a 15 years and my first marriage. She’s already collecting Social Security and I will be 62 in October but they said I cannot collect on my first marriage. Thought I would have to be divorced from my second husband to collect off of my first husband, even though my husband now is 63 and he will not collect Social Security until he is 65 but I should be able to collect I think in my own mind from my first husband at 62 because he is 66 and he’s already collecting.
I am not an expert on Social Security just from life experiences and what I read, but I think once you marry after divorce you lose the ability to collect on that person, that is what I think is true. What about collection on your own Soc. Sec. until your husband retires, then it will be half of his, and then you will lose yours if his is more.
You can collect on a previous spouse ssn if you wait to remarry after 60. Then you can start collecting on your previous spouse’s ssn at 60 with no penalties. But you have to wait to remarry after 60 years of age.
I received this info from my financial advisor at Fidelity while auditing my financial health & if I’m on a right path to retire at 62 years old.