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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2922
Experience:  associate attorney
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I am receiving my ex-husband's social security check---I am

Customer Question

I am receiving my ex-husband's social security check---I am still working and am age 72.
My husband is 88 and he gets his social security check and I was wondering if he is entitled to receive my social security instead of his since I think mine now would be higher than his. Thank you for your assistance
Submitted: 11 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 11 months 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.

Understand that it sounds like you are receiving a survivor benefit which is 100% of your exes benefit which I assume is the case because you remarried after age 60. Your new spouse would not receive a 100% benefit if you are still living. He would receive only 50%. Social Security automatically should be already giving the higher of the two benefits. It also depends on if your spouse elected for early retirement as the penalty will still apply to the spousal benefit which might mean he would not receive the full 50%. Is 50% of your normal benefit higher than his normal retirement benefit?

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 11 months ago.

Just checking back in, do you have any further questions?