As per Social Security, if you are divorced, but your marriage lasted 10 years or longer, yes, you can receive benefits on your ex-spouse's record (even if he remarried) if:
- You are unmarried;
- You are age 62 or older;
- Your ex-spouse is entitled to Social Security retirement or disability benefits and
- The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.
If you remarried, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce or annulment).
If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his record if you have been divorced for at least two years.
To prove a common law marriage to Social Security, one of the following must be provided:
- If you are both alive, then you must both provide statements that affirm your prior marriage and you must provide a statement from a blood relative of each of you.
- If your former spouse has died, then you must provide a statement that affirms the marriage and two statements from blood relatives of your deceased spouse.
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