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Ellen, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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How may un-married former spouse, age 92 (social seclurity

Resolved Question:

How may un-married former spouse, age 92 (social seclurity $820/mo.) obtain part of social security of his un-married chapter 13 bankrupt former wife, age 72 (social security $1,000/mo.)- no children?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

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What was the length of your marriage?
Customer: replied 5 years ago.
We were married 30 years. She receives $!,000 of pension in addition to $!,000 Social Security= Total $2,000/mo.. I receive $70 pension in addition to $820/mo. Social Security = Total $890/mo.. I.e., she receives over twice the income that I do. Savings, negligible.
Expert:  Ellen replied 5 years ago.
Thank you for your response. I apologize that I was not on line when you responded 3 hours after your original post.

You appear eligible for Social Security based upon your wife's record.

Here is why.

A person can receive benefits as a divorced spouse on a former spouse's Social Security record if he:

Was married to the former spouse for at least 10 years;
Is at least age 62 years old;
Is unmarried (even if the 2nd marriage ends in divorce or death);
and Is not entitled to a higher Social Security benefit on her own record.

You may read additional details at this link:

I think this is what you wanted to know. Please let me know if I have answered your question
Customer: replied 5 years ago.
Well, this confirms my understanding. However, my question was how to implement the (my) entitlement. I don't know what it is (the amount). Social Security is not saying or giving me that
Expert:  Ellen replied 5 years ago.
Thank you for that clarification. I suggest that you go to a local social security office and request the forms
Customer: replied 5 years ago.
Are there numbers? - Will they state amount?
Expert:  Ellen replied 5 years ago.
Here is a list of all of the social security offices in Oregon. They will be able to tell you the amount you are entitled to receive.
Customer: replied 5 years ago.

Divorce, 4 yrs. ago. Benefit retroactive?

Expert:  Ellen replied 5 years ago.

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