How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lane Your Own Question
Category: Social Security
Satisfied Customers: 9696
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
Type Your Social Security Question Here...
Lane is online now
A new question is answered every 9 seconds

I was married in 1998 and we separated in 2001, due to

Customer Question

I was married in 1998 and we separated in 2001, due to financial issues where he had to go back home to Ohio for a while. After a time of not hearing from him I moved to North Carolina with my daughter and her family. I did not have names or numbers of his family to contact so I tried to find him by looking online. I did not have any luck. After years had passed I assumed that wherever he moved, he had probably filed for divorce and remarried to someone else. About 7 years after living in NC I remarried. This ended very bitterly in a year and we legally separated until he was able to file a divorce. He has since passed away. I recently found my husbands daughter on facebook and have located my husband who I thought I was divorced from. He never divorced me! Can I draw on his SS since he is retired and living in another state?
Submitted: 2 months ago.
Category: Social Security
Expert:  Lane replied 2 months ago.

Hi My name's Lane. I can help here.


Yes, it sounds like you can. Honestly you would be entitled EITHER as a divorced spouse (as long as the marriage lasted for 10 year) OR as a spouse, if the marrriage never ended.


there are a couple of qualifiers here:


If it turns out that the marriage was ended - if you remarry, 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 or her record if you have been divorced for at least two years.


But as a spouse (if the mariage has not ended by divorce or annulment) you simply need to be old enough 62, and your "spouse" needs to be collecting benefits.


You can also qualify for Medicare at age 65.

Expert:  Lane replied 2 months ago.

. … Please let me know if you have any questions at all.


If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit")

Otherwise I’m working for no crediting at all here


Thank you!


I hold a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.

Related Social Security Questions