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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2963
Experience:  Litigation Attorney with education focus on estate planning and tax
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I was drawing social security off of my first husband who is

Customer Question

I was drawing social security off of my first husband who is still living, then I got married and after about a year I started drawing off of my second husband who is still living but if my first husband died could I go back and draw off of my first husband while married to the second one?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
I was already drawing my social security but I got a small check through my first husband and now from my second husband I still draw mine but a little more from him than I from my first husband.
Expert:  Christopher B, Esq replied 1 year ago.
Hello, my name is***** and I will be helping you today.
I do not give the service for live phone calls for reasons involving rules from my bar association but I think I can answer your question.
The Social Security Administration will only allow you to collect benefits from 1 spouse at a time. You can collect whichever will give you the greatest benefit. First of all, you would have been receiving around 50% of the benefits from your first living ex husband that you were married to for more than 10 years (10 years is the magic number to be able to receive a portion of the SS benefits from an ex spouse). This number would be further reduced if you decided to take benefits early. The reduction for starting early is about 30 percent at age 62, 25 percent at age 63, 17 percent at age 64, and 8 percent at age 65. I'm assuming that your second husband's benefits were larger than your first husbands, so you switched to his benefits. When your first husband dies, you can file for an unreduced survivor benefit (depending on his age) from him if that exceeds the benefit from your second husband (remember you can only receive 1 benefit at a time but you are able to receive the larger of any benefit available to you - including your own). You again will also need to factor in the size of your benefit. Normally it is best to receive your spouses benefit until you reach age 70 and then receive the maximum benefit from your own social security benefits thereafter. Again you can only receive one benefit at a time but it will be the largest benefit of what is due to you from your ex husband, your current husband and your own social security benefits depending on your age, their age and any applicable reductions.
Please let me know if you have further questions and please give me a positive rating on my response if you are satisfied with my response.
Expert:  Christopher B, Esq replied 1 year ago.
I see that you have viewed my answer. If you do not have any further questions and you feel that I have fully answered your question, please positively rate my answer.
Expert:  Christopher B, Esq replied 1 year ago.
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