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15thkid
15thkid, Criminal Defense
Category: Criminal Law
Satisfied Customers: 82
Experience:  Licensed Florida Attorney since 1988. Former law professor.
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I do have one more question and I really dont where this would

Customer Question

I do have one more question and I really don't where this would fall under the law. As you know my brother Byron died last September. He has no children. He did however, had an ex-wife can get his social security.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  15thkid replied 2 years ago.

15thkid :

Hello. I hope things get better little by little. When was the divorce?

15thkid :

If they were married at least 10 years, the ex may get social security benefits if she is unmarried at the time she is eligible to draw social security.

15thkid :

This is from The Social Security Administration:

15thkid :

If you’re due two benefits, you get the one that pays the
higher rate, not both
 Most women are potentially due two benefits: your own retirement benefit and wife’s
benefit on your husband’s record.
 But you only get the one that pays the higher rate, not both.
 A wife is due between one-third and one-half of her husband’s Social Security.
 Most working women who reach retirement age get their own Social Security benefit
because it’s more than one-third to one-half of the husband’s rate.
 But if your husband dies before you, you can apply for the higher widow’s rate. (See
number 5 below).
4. If you’re divorced and were married at least 10 years,
you’re eligible for some of your ex’s Social Security
 Divorced women married at least 10 years are eligible for Social Security on the exhusband’s record if they are unmarried at the time they become eligible for Social
Security.
 Some women sign divorce decrees relinquishing their rights to Social Security on
their ex-husband’s record. If you were married at least 10 years, those clauses in
divorce decrees are worthless and are never enforced.
 Any benefits paid to a divorced spouse DO NOT reduce payments made to the ex or
any payments due the ex’s current spouse if he remarried.
 Generally, the same payment rules apply to divorced wives and widows as to current
wives and widows. That means most divorced women collect their own Social
Security while the ex is alive, but can apply for higher widow’s rates when he dies.
5. When your husband (or ex dies), you’re probably due a
widow’s benefit
 Widows are due between 71 percent (at age 60) and 100 percent (at full retirement
age) of what the husband was getting before he died.
 But we must pay your own retirement benefit first, then supplement it with whatever
extra benefits you are due as a widow, to take your Social Security benefit up to the
widow’s rate.
 We also can pay you a $255 one-time death benefit if you were living with your
husband when he died.
 If you made more money than your husband, then he might be due a widower’s
benefit on your record if you die before he does.

15thkid :

So the bottom line is that if they were married at least 10 years, and if she is/was unmarried when she begins to get social security benefits, then yes, Byron's ex-wife can get benefits.

15thkid :

I hope that answers your question. If you have any others, please contact me anytime.

15thkid : As always, I strive to provide excellent service. If I fell short, please tell me how I can fix it. Otherwise, I look forward to a favorable rating, allowing me to be compensated. Thank you.
Customer : I wish to thank you for the answers given to me. Your lawyers were awesome. I went to court today and won

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