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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2651
Experience:  associate attorney
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I am 68 years old getting s.s. my wife is getting s.s.because

Customer Question

i am 68 years old getting s.s. my wife is getting s.s.because of me we are married for over 40 years but i don't live with here for the lost 10 years, if i get divorce and remarried,and die who is going to get the s.s.benefit,the first wife of 45yrs or the second of few yrs?
Submitted: 6 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 6 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. Since you are over 68 years, you can remarry according to SSA and not be penalized for future survivor benefits. If you got divorced, you could still get the survivor benefits for that wife as you were married longer than 10 years. If you get divorced and remarried then you could choose the larger of the benefits from your first wife and second wife. Both wives can get a survivor benefit based on your ss benefits. As long as they are at full retirement age, they will get 100% of your benefit. Also understand that they don't get your survivor benefit in addition to their own normal retirement benefit. They get the higher of the two benefit, they do not stack. 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 6 months ago.
Just checking back in, do you have any further questions?

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