can a divorced spouse who has never worked claim social secrity benefits based on the record of teh spouse who has worked the entire requisite time? what happens if the working spouse remarries? Can his new spouse who has also never worked, claim SSB?

I've had this issue before.

A divorced spouse can collect SSA benefits based on the work record for an ex-spouse and it wont affect the ex-spouse's retirement benefit or the benefit of that person's current spouse if they were remarried.

A divorced spouse who has never worked is allowed to claim SSA benefits based on the record of working ex=-spouse.

Requirements:
1. The requirement is that the working ex-spouse must be at least 62 yrs old and collecting (or eligible). The divorced non-working spouse must be at least 62 and unmarried.
2. The couple must have been married for at least 10 yrs before the divorce became final for the divorced non-working spouse to make a claim for benefits.

If a divorced spouse remarries, they that spouse can no longer make a claim against the working ex-spouse's SSA benefits.

Every situation is different, so if you or your client needs more information, I would call or visit the local SSA office. The general phone number is 1-800-772-1213

Samantha, thank you for your response. You answered my question.

Procedurally, what forms need to be filled out? Thank you again.

If you have been divorced, your former wife or husband who is age 60 or older (50-59 if disabled) can get benefits as long as the marriage lasted at least 10 years. The former spouse, however, does not have to meet the age or length-of-marriage rule if he or she is caring for his/her child who is under age 16 or who is disabled and also entitled based on your work. The child must be the former spouse’s natural or legally adopted child.

Benefits paid to you as a surviving divorced spouse who meets the age or disability requirement as a widow or widower won’t affect the benefit rates for other survivors getting benefits on the worker’s record. However, if you are the surviving divorced mother or father who has the worker’s child under age 16 or disabled in your care, your benefit will affect the amount of the benefits of others on the worker’s record.

I have a follow up SS question.

Couple gets divorced and neither party remarries. Divorce decree states that husband keeps his SS benefits. Ex-husband then dies 5 yrs later. Can the surviving ex-spouse make a claim for those benefits under federal law even though under state law the SS benefits remained the property of the husband in the settlement.

I have conflicting research on this issue and wanted to know what others have to say. Checked out the SSA site and they didnt address this issue.

Thx