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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Social Security
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions, experienced business attorney.
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Married to first husband 22 yEARS.Married to 2nd husband ,divorce

Customer Question

married to first husband 22 yEARS.Married to 2nd husband ,divorce 2 years later,First husband died 6/4/15 and I believe I can collect some of his social security.I am 76 and still working full time.I was told years ago I could collect
Submitted: 1 year ago.
Category: Social Security
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with you concerns.
You are correct, once you were married to someone for 10 years or more, and provided that you are unmarried now, you can file for benefits against their social security benefit. However you cannot receive both his benefits and yours. His benefit will also be capped at the maximum of 50% of his amount. In other words if his benefit was $2,400 a month and you are personally entitled to $1,000 a month, you can choose to receive 50% of his amount at $1,200 but you would not be entitled to receive your benefit.
Sincerely,
Dimitry, Esq.