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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29788
Experience:  Attorney with experience in family law.
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I receive half of my ex husbands pera & I havebeen

Customer Question

I receive half of my ex husbands pera & I havebeen remarried
JA: Has anything been filed in court yet?
Customer: let me Start over,,,,, I've been divorced for 11 years , in the divorce settlement I was given half of his pera retirement,& my health insurance is taken out of that about $900,,, since then I've been remarried for 10 years ,, he passed away a couple of weeks ago , I was told I could receive my newly passed away husbands social security,, I'm 64 years old
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Not that I can think of
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry for your loss.

Because you're over the age of 60, you can apply for reduced benefits based on your late husband's earnings record. If you wait until you turn 65, you will get a higher percentage of your late husband's benefits than if you applied now - it's 95.3% of his benefits, rather than 81%. Depending on when your birthday is, it could benefit you to wait. Note that if you would get a higher benefit on your FIRST husband's record, you may be eligible for that instead. Taking those benefits would not reduce his benefits at all, but divorced spouse benefits tend to be lower than surviving spouse benefits. A representative from Social Security can help you determine how to get the highest benefit.

You have the ability to apply online, but you can also make an appointment to go talk to someone in person if you prefer. Here is more information:

https://www.ssa.gov/planners/index.html#&sb=2&a0=0

Your late husband's death should not have any impact on the retirement money you get from your first husband. If the funds have not yet been put into an account in your name, you can file a Qualified Domestic Relations Order ("QDRO", pronounced "quaddro") to get the money transferred into your name. Any local attorney can help with that.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

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