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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2759
Experience:  associate attorney
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I was married 10 years and divorced. I remarried before age

Customer Question

I was married for over 10 years and divorced. I remarried before age 60. If I divorce this time can I collect on my former husbands social security if he passes away before me. I am 60 years old and concerned about my future. I do not want to divorce my present husband do to financial security but if I knew I had the option, I definitely would.
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Yes, if you divorce you will be able to collect ex spousal Social Security benefits. From the Social Security website:https://ssa.gov/planners/retire/divspouse.html

"If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

(1) You are unmarried;

(2) You are age 62 or older;

(3) Your ex-spouse is entitled to Social Security retirement or disability benefits and

(4) The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work."

Here is the part that will interest you from the same website:

"If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce or annulment).

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 12 months ago.

Just checking back in, do you have any further question? I want you to be satisfied with my service, so please let me know.