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lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 29574
Experience:  Taxes, Immigration, Labor Relations
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I have been married to my estranged husband since 1968. I

Customer Question

I have been married to my estranged husband since 1968. I filed for divorce 3 times with three different attorneys. I thought I was divorced but recently found out I was never given a final decree of divorce. I am 74 years old and have been on social security since I was 62, my estranged husband who lives in a different state is also on social security and a retired from the military. My social security benefits are only $200.00 per month and I pay $100.00 a month to med care. I am sure his benefits exceed mine. My question is am I entitled to benefits from his social security?
Submitted: 1 year ago.
Category: Social Security
Expert:  lev-tax replied 1 year ago.

Absolutely yes - you may receive social security benefits on your husband's record if you were married at least ten years.

Expert:  lev-tax replied 1 year ago.

You might be eligible for to receive spouse s benefits even if 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.

Customer: replied 1 year ago.
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Expert:  lev-tax replied 1 year ago.

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