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TaxRobin
TaxRobin, Tax Preparer
Category: Social Security
Satisfied Customers: 13344
Experience:  15+ years in tax preparation and instruction
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Just found out my ex husband passed away. Even though we

Customer Question

Just found out my ex husband passed away. Even though we were divorced we were married for 14 years.
Would I be able to get part of his soc security?
Pierrette Legault ***@******.***
Submitted: 3 months ago.
Category: Social Security
Expert:  TaxRobin replied 3 months ago.

Hello

The SSA does have provisions for ex spouses to possibly collect.

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

  • You are unmarried;
  • You are age 62 or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits and
  • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce or annulment).