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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2981
Experience:  associate attorney
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I was married to my husband Oct. 1974 to May 1984. This was

Customer Question

I was married to my husband Oct. 1974 to May 1984. This was 5 months short of the 10 years.(Oct. 1974-Oct. 1984) My husband is deceased and was a Federal Government employee. Would I be eligible to draw on his social security now? I was his first wife. I am 72 and draw social security. I understand if I was married 10 years or more, I could draw his social security if it would be higher than mine.
Could someone give me some answers on this. Thank you.
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

You answered your own question. For an ex spouse you must have been married to them for 10 years in order to claim 50% of their benefit. Because you weren't married for the required 10 years, the equation stops at that point. From the social security website:

"If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

(1) you are unmarried;

(2) you are age 62 or older;

(3) your ex-spouse is entitled to Social Security retirement or disability benefits

and

(4) the benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.