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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13506
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Am I entitled to any of my deceased ex-husbands social security

This answer was rated:

Am I entitled to any of my deceased ex-husband's social security survivor benefit?
Hi, thanks for your inquiry! I have been practicing SS law for 10+ years and have specific experience with issues like yours. That being said...

Can you clarify for me:

How long were you married to him?
Are you married now?
How old are you?

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Please note that I have not yet answered your question. That is because this is one of those times where additional information is necessary or prudent. I have requested this additional information from you in order that a most thorough and accurate answer may be provided and I look forward to your response. In the meantime, I will be researching any related issues as necessary for that thorough answer, to ensure that there are no recent legal changes that could effect my answer, as well as drafting portions of the answer for you. Thus, if you don't see my response right away, after you provide your reply, please don't be concerned. Once I respond, you should be getting an email notification (or other) so you can come back and receive that answer. Thank you, XXXXX XXXXX look forward to assisting you.



Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need. PLEASE ALSO KNOW THAT ANY ANSWERS FROM ME ARE POSTED ON THIS SITE AND NOT EMAILED TO YOU. I DO NOT KNOW YOUR EMAIL AND WILL NEVER EMAIL YOU MYSELF.

Customer: replied 4 years ago.

We were married for 11 years - 1964 to 1975


I am married now


I am 67

How old were you when you got remarried? Also, are you currently collecting SS on your own record or your spouse's?
Customer: replied 4 years ago.

I remarried at age 36 and I am collecting my own SS

Hi again, and thank you. My name isXXXXX and I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top notch answers to all of my customers. While I am unable to represent you or give you specific legal advise, I can provide you with legal information you may wish to consider and review so that when you do consult with an attorney in your jurisdiction, you have a basis of knowledge.



Please DO remember to only rate my answer when you are quite satisfied with my diligence and effort in accordance with your chosen transaction. I aim to provide EXCELLENT SERVICE. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



That being said, with regard to your post:

Am I entitled to any of my deceased ex-husband's social security survivor benefit?



Unfortunately, no, you will not be entitled to apply for survivor benefits on his work record.

"Generally, we cannot pay benefits if the divorced spouse remarries someone other than the former spouse...A person can receive benefits as a surviving divorced spouse on the Social Security record of a former spouse who died fully insured, if he or she:
  • Is at least age 60, or age 50 and disabled;
  • Was married to the former spouse for at least 10 years; and
  • Is not entitled to a higher Social Security benefit on his or her own record.
If the surviving divorced spouse age 60 or over applying for benefits remarried after age 60, or after age 50 and at the time of remarriage was entitled to disability benefits, we disregard the marriage. ..."


http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/299/~/qualifying-for-divorced-spouse-benefits

Hope this helps explain.

Sincerely,

Alexia Esq.



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Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.



Customer: replied 4 years ago.

Thank you for your prompt reply. It was the answer that I expected, but just wanted confirmation.


Best regards,


Norma

Hi Norma, you are welcome. Yes, unfortunately we do get a type of 'marriage' penalty.

Best regards XXXXX XXXXX as well, and please don't forget to rate. Thanks!
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