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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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If I marry someone who is retired, who gets a social

Customer Question

If I marry someone who is retired, who gets a social security pension and is now divorced but was married for over 25 year with another woman, if later he dies will the first wife who hasn't marry again get his ss pension or will I?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

I do hope that your intended husband doesn't die anytime soon, but if he does, if you have been married to him for at least 9 months before he passes, you will automatically be eligible to receive a full survivor benefit from social security equal to the entire amount he is either entitled to collect, or is collecting, as of the date of his death.

While his ex-wife will also have the ability to make an ex-spouse survivor claim, her claim will in no way effect your claim. Social security will treat her claim as a separate and distinct family claim and each of you would receive the full 100% survivor benefit.

So, in the event your future husband dies, you will be entitled to a full survivor benefit from social security---despite any claim that might be made by his ex-wife. Her claim will have absolutely no effect on your claim.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,