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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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I was married to a man that had been married to someone else

Customer Question

I was married to a man that had been married to someone else before me. He is now married to another women. I'm wondering if I am entitled to any of his social security when he passes.
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. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you presently married?

2. What is your present age?

3. How many years were you married to the man?


Customer: replied 1 year ago.
10yrs and a few mor months
Customer: replied 1 year ago.
he has a third wife
Expert:  LawTalk replied 1 year ago.

Good afternoon,

Thanks for the information.

In order to be eligible for a survivor benefit based on the earnings of an ex-spouse, you must have been married at least 10 years, at least 60 years old and not married at the time you make the application for the survivor benefit.

The fact that you are still married to him in the eyes of your church does not impact a social security benefit. Social security eligibility is based solely on legal marriage and legal divorce.

So, because you are remarried now, you will not be eligible for a survivor benefit based on your ex's earnings. However, in the future when he passes, if you are no longer married because of a death or divorce, then when your ex passes you would be entitled to file a survivor benefit claim with social security. The fact that he remarried (more than once) after your divorce will not prevent you from being eligible nor will you have to share the benefit with his widow.

And in fact, if both your ex and your present husband pass before you, you will be eligible to choose which of them you want a survivor benefit from---obviously the one that pays the most to you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best this holiday season,