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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am 77 years old and a retired school teacher. I was married

Customer Question

I am 77 years old and a retired school teacher. I was married for 15 years earlier in my life to a man who is now78 and retired and drawing his retirement and social security.
Am I entitled to any social security payments based on his status?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
Provided that you did not re-marry, since you were married to him for 10 years or older, you are indeed entitled to his benefits. You have the right to choose either 100% of your benefits, or 50% of his benefits, whichever is larger (your choice to take his benefits will not reduce his payments and will not in any way affect him). You can consider calling the Social Security Administration, providing him with your SSN and his, and asking them to run the numbers. If you find out that his numbers are higher, you can request the change.
Dimitry, Esq.