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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am trying to see if I am eligible to receive my deceased

Customer Question

I am trying to see if I am eligible to receive my deceased ex husband's social security. We were married ten years. I am now 62.
A friend told me that I should be getting it but can not get a lawyer to help or even tell me if it is possible.
Thank you for your time .
Regina Vaughn
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

Good afternoon Regina. I am Loren, a licensed attorney, and I look forward to answering your question

Expert:  Loren replied 1 year ago.

A person can receive benefits as a divorced spouse on a former spouse’s Social Security record if he or she:

1. Was married to the former spouse for at least 10 years;
2. Is at least age 62 years old;
3. Is unmarried; and
4. Is not entitled to a higher Social Security benefit on his or her own record.

In addition, the former spouse must be entitled to receive his or her own retirement or disability benefit. If the former spouse is eligible for a benefit, but has not yet applied for it, the divorced spouse can still receive a benefit if he or she meets the eligibility requirements above and has been divorced from the former spouse for at least two years.

Generally, SSA cannot pay benefits if the divorced spouse remarries someone other than the former spouse before age 60, unless the latter marriage ends (whether by death, divorce, or annulment), or the marriage is to a person entitled to certain types of Social Security auxiliary or survivor's benefits.

You can apply for spousal benefits on your ex's record at the SSA office.