12 Aug My ex has a new partner. Can I still get his Social Security?

Q. I was married for 25 years. I was a second wife. The first wife was married to my husband for 10 years. We are now divorced. Can I still collect my ex-husband’s Social Security? He said the new person who he’s been with for two years will get some, but not me. I’m 63 and I’d like to retire.
— Unsure

A. You may be eligible to collect Social Security benefits on your ex-husband’s earnings record.

You have to meet certain requirements.

Generally, a former spouse is entitled to collect Social Security in an amount equivalent to up to one-half of their ex’s retirement benefit, said Thomas Roberto, a family law attorney with Adinolfi, Lieberman, Burick, Falkenstein, Roberto & Molotsky in Haddonfield.

He said in order to qualify for Social Security based on a former spouse’s benefit, the marriage must have lasted at least 10 years, you must not be remarried, you must be at least 62 years old and your ex must be eligible for benefits, even if your ex isn’t collecting yet.

“If these conditions are met, then it should be possible to collect based on a former spouse’s earning history,” Roberto said. “Whether or not it makes financial sense to collect — at most — one-half of a former spouse’s benefit as opposed to 100% of your own benefit would require some knowledge of the ex-spouse’s earnings record.”

If your ex has a new partner — whether he’s married or not — has no impact on your possible benefits.

“This is true even if the former spouse has remarried and his or her new spouse is collecting benefits based on the same earning history,” Roberto said. “In any case, a former spouse collecting Social Security based on the earning history of his or her ex would not have any impact on the ex’s Social Security benefits — nor on the ability of a new spouse to collect based upon his or her earnings history.”

You should reach out to Social Security to see what your benefit options are, and then consider meeting with a financial advisor or attorney to help you make the right decision.

Email your questions to .

This story was originally published on Aug. 12, 2020.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.