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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29986
Experience:  Attorney with experience in family law.
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this is a social security question my spouse & i have only

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this is a social security question: my spouse & i have only been married a few years; he was married for 20 years before - heaven forbid should anything happen to him before our 10th anniversary, would his 1st wife have precedence to his social security entitlement before me? i mean, what is the [current] law regarding social security with regards XXXXX XXXXX ex-spouses, length of marriages, & timing of death?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

A divorced spouse is entitled to benefits if the marriage lasted 10 years or longer, and the divorced spouse is age 60 or older when the spouse dies. Assuming that is the case, your husband's ex-wife would be entitled to death benefits. Her benefits do not affect yours at all, and she is entitled to them regardless of how long you are married at the time of your husband's death - her benefits would only be affected by her remarriage, not his. If she remarries before she turns 60, she will not be entitled to anything.

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