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retirementlawyer
retirementlawyer, Tax Attorney
Category: Social Security
Satisfied Customers: 15693
Experience:  13 years experience in social security
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my husband and I were divorced in 2010, he became ill imediately

Customer Question

my husband and I were divorced in 2010, he became ill imediately thereafter and remarried due to the fact that we are christian people, and don't believe in shacking up.He passed away last month, I went to the Social security office yesterday and today they wanted to varify our marriage license. I went to the court house got a certified copy of our licenes and took it back to them. Now they are saying that because i didn't let them know that we were remarried I may not be able to draw on him is this true?
Submitted: 10 months ago.
Category: Social Security
Expert:  retirementlawyer replied 10 months ago.

retirementlawyer :

This is an unfortunate situation,

retirementlawyer :

under the social security laws, a widow can be denied unemployment benefits,

retirementlawyer :

if they remarried before reaching age 60,

retirementlawyer :

they can be denied widow benefits,

retirementlawyer :

If he is stil living,

retirementlawyer :

and you applied for spousal benefits, his remarriage would not be an issue,

retirementlawyer :

however if you remarried before age 60, that would deny you spousal benefits,

Customer:

He died on Aug 15th this year at our home in my arms. he was 73 I am 69 we have been married totally 30 years

retirementlawyer :

You should be entitled to widow benefits,

retirementlawyer :

since you could not have remarried before age 60,

Customer:

they are saying because I didn't tell them we got married again I may be turned down

retirementlawyer :

They cannot do that to you,

retirementlawyer :

and if thye try to deny you, hire an attorney to litigate the matter,

retirementlawyer :

the law is clear, even if you remarried him,

retirementlawyer :

you would be entitled to widows benefits,

Customer:

we remarried in 2010 we were divorced 42 days when I found out he was so ill I moved him back into our home and took care of him till he died last month

retirementlawyer :

You would be entitled to widow benefits,

retirementlawyer :

you were the widow,

retirementlawyer :

and are entitled,

Customer:

thank you so much maybe I can sleep tonite

retirementlawyer :

you must be married to the deceased person for at least nine months to qualify for widow’s benefits based on your spouse's Social Security benefits

retirementlawyer :

So even with the remarriage,

retirementlawyer :

you would qualify,

retirementlawyer, Tax Attorney
Category: Social Security
Satisfied Customers: 15693
Experience: 13 years experience in social security
retirementlawyer and 2 other Social Security Specialists are ready to help you

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