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I am almost 70 and was married for 13 years. He is still

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I am almost 70 and...
I am almost 70 and was married for 13 years. He is still working, was a deputy DA, now a judge. went to the social security office yesterday and asked how much of his social Security I was entitled to when he passes away. they said 150.00 dollars more. Now he has always paid almomey but when he dies I will lose my house. He has always worked and with good pay. I stayed home and raided the children After 13 years of marriage in Calif. we were divorced. What is an exspouce entitled to of their exhusbands social security. I never remarried.
Submitted: 1 year ago.Category: Family Law
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8/4/2016
Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago
Christopher B, Esq.
Category: Family Law
Satisfied Customers: 2,983
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Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago

A survivor benefit is 100% of the spouse's Social Security benefit. You can receive that benefit starting at age 60 as long as you have not remarried. Since you are age 69 and have not remarried, you would be eligible for your ex husband's full SS benefit. Understand one thing though, you do not get BOTH your own SS benefit AND his SS benefit (your survivor benefit). You ONLY get the higher of the two benefits. For example, if you receive $700 per month and he receives $850 per month, you would stop receiving your $700 benefit and start receiving ONLY his $850 benefit after his death. If he is a public employee, there is something called Windfall Elimination Provision which decreases his Social Security benefit because of his public pension. See link: https://www.ssa.gov/planners/retire/wep.html

Also the Government Pension offset (GPO) will reduce a pension to your spouse or ex spouse by 2/3. See link: https://www.ssa.gov/planners/retire/gpo.html

This is probably why his pension is not what you expected it to be. But I am just guessing.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated.

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Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago

Just checking back in, do you have any further questions?

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