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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 34882
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I'm planning to remarry. My ex-wife of 31 years worked hard

Customer Question

I'm planning to remarry. My ex-wife of 31 years worked hard in raising our kids and by all rights should be able to assume my social security benefits when I die. Is there a provision that can cause her to receive these benefits even though I am legally remarried to another?
Submitted: 6 months ago.
Category: Social Security
Expert:  LawTalk replied 6 months ago.
Good afternoon Eric,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. So long as your ex is not remarried when you die, she will be able to get a full survivor benefit based on your earning history with social security. She will simply have to be at least 60 years old at that time. The fact that your new spouse will be entitled to a survivor benefit in no way prevents your ex from getting one of her own if you predecease them both, and one of them getting a survivor benefit will have absolutely NO IMPACT on the amount that the other receives. They will each get the same amount---which is equal to the benefit that you are either receiving, or eligible to receive, at the time of your passing. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 6 months ago.
Good afternoon,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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