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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13396
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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If a person is divorced and they do not remarry, are they

Customer Question

If a person is divorced and they do not remarry, are they entitled to their previous spouse's social security benefits? Would a person only collect after their previous spouse has passed away or while they are still alive? Thank you.
Submitted: 11 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 11 months ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Expert:  Stephanie O Joy, Esq replied 11 months ago.

How long of a marriage did this person have?

Also, how old is this person?

How old is his/her ex spouse?

Customer: replied 11 months ago.
HI Stephanie.
Customer: replied 11 months ago.
Married 27 years. Both are 56
Customer: replied 11 months ago.
My partner and I are considering getting married and want to make sure we both understand all the financial realities involved.
Expert:  Stephanie O Joy, Esq replied 11 months ago.

OK, if you get married, no, you can't collect on your prior spouse's record while he/she is alive - this is because you are not now his/her dependent. If you become unmarried again, then you can.

The same is true if your ex dies - you can't collect a divorced widow(er) benefit if you are remarried, UNLESS that marriage occurs after age 60 or it ends.

Expert:  Stephanie O Joy, Esq replied 11 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

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Expert:  Stephanie O Joy, Esq replied 11 months ago.

Also, note that if your OWN benefit record is greater than your ex's, you won't want to be taking a spousal or widow(er) benefit anyway, since yours would trump it. So it may be a non-issue.