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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2677
Experience:  associate attorney
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I have been married since 1989 and separated years now.

Customer Question

I have been married since 1989 and separated for 7 years now. I get soc sec disability. My husband receives soc sec and we have a daughter 17 that gets money from him.
What happens when he passes away. how will the social security benefits change for my family?
Submitted: 7 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 7 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. If you are married for over 10 years (only if you have been divorced) or 9 months if you are still married you will be able to get a survivor benefit from your deceased husband. This benefit will be up to 100% for you depending on your age. You can take a survivor benefit as early as age 60 and age 50 if you were disabled more than 7 years from the date of death of your spouse. At age 60 you would lose 30% because of early retirement. Your child would also get a survivor benefit until age 18 or age 19 if she is still in high school. This would be a maximum of 50%. Also understand that this survivor benefit would not be in addition to your disability benefit, it would be the higher of the two benefits, so you would only receive one benefit. You could also get a one time benefit of $255 from Social Security as well. 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.
Customer: replied 7 months ago.
what would the benefits be if i divorced him before he passes
Expert:  Christopher B, Esq. replied 7 months ago.
As to the SS benefits, as long as you have been married 10 years and do not remarry before age 60, it is the exact same. 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 7 months ago.
Just checking back in, do you have any further questions?