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lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 29965
Experience:  Taxes, Immigration, Labor Relations
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My sister in law gets her social security check and then

Customer Question

my sister in law gets her social security check and then also gets one from her husband. I am divorced and was married for 25 years. I get a social security check and was wondering if I could get some from my ex husband. I am 76 and so is my ex.
Submitted: 2 years ago.
Category: Social Security
Expert:  lev-tax replied 2 years ago.

You might be eligible for to receive spouse’s benefits.

As you divorced - you are entitled for benefits as a spouse as long as you were married more than 10 years.

To qualify for spouse’s benefits, you must be:

  • At least 62 years of age; or
  • Any age and caring for a child entitled to receive benefits on your spouse’s record who is younger than age 16 or disabled.

If you are eligible for both your own retirement benefits and for benefits as a spouse, SSA always pays your own benefits first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit.

Generally if you started social security benefits at your full retirement age, your benefit as a spouse can be equal to one-half of your spouse’s full retirement amount.

You will NOT receive two checks from the Social Security Administration - only ONE check you woudl receive every month.

If your sister receives two checks - one is from other sources not from the Social Security Administration.