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I cannot believe what my friend told me the other day. She…

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I cannot believe what...

I cannot believe what my friend told me the other day. She is divorced for many years and is planning on collecting her ex-husband's survivor's benefits or social security - whichever comes first? I found out that my brother, who passed away last year and was receiving social security, now his wife is receiving his survivor's benefits because they were married 20 years before they got divorced. This is so unfair. I am now receiving my husband's survivors benefits whom I was married to for 31 years but next year I go to mine which will be higher. Does this mean that if I die, my ex-husband, my first husband, can collect my survivor's benefits? He remarried. I don't think this is fair.

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

I live in NJ. My second husband died 3 - 1/2 years ago and I am collecting his survivor's benefits. My first husband is still alive and lives in New York. I worked 46 years and I was told by SS that next year when I turn 70 I can collect my own SS because it will be higher than that of my late husband's survivor's benefits. I cannot believe people collect from an ex-spouse. Its so unethical.

Lawyer's Assistant: Has anything been officially filed? If so, what?

Filed? I don't know what you mean. My husband's estate was settled. My SS began shortly after he died.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I had a lawyer and he never mentioned a thing about this! All I though was that when I turned 70 I would go to my social security - I never knew anything about ex spouses!

Submitted: 7 months ago.Category: Business Law
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Answered in 11 minutes by:
12/29/2017
Business Lawyer: Thelawman2, Attorney replied 7 months ago
Thelawman2
Thelawman2, Attorney
Category: Business Law
Satisfied Customers: 2,512
Experience: Attorney-at-Law
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Hello, my name is ***** ***** I will be helping you today.

A person who is divorced can receive survivor's benefit, but only under certain circumstances.

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if they have 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.

In the case of your ex-husband, he would not receive survivor's benefits because he is remarried.

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