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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2983
Experience:  associate attorney
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I was married over 40 years and got a divorce. When my ex

Customer Question

I was married over 40 years and got a divorce. When my ex husband dies, does my social security benefits increase? I am 67 and have been drawing SS since I was 62.
Submitted: 1 year ago.
Category: Social Security
Customer: replied 1 year ago.
PLEASE CANCEL THIS, ITS WAY TO CONFUSING. DO NOT CHARGE MY CREDIT CARD OR I WILL REPORT YOU TO THE BBB AND TELL MY CREDIT CARD COMPANY NOT TO PAY . THIS SEEMS LIKE A SCAM TO ME.
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. I'm going to try and answer this for you and show you this service is not a scam. I am a user of this site just like you, except on the expert side. I do not work for justanswer.com and am a real attorney who helps out customers on here. How it works is that you read my answer and give ratings based on if I answered your question or not. If you give me a positive rating (3-5 star) the site reimburses me for my time. If you do not rate me at all or give me a negative rating (1-2 star) then I get nothing for answering this question and the site keeps all the money you pay in. It looks as if this question is worth $32, which is what you pay. If you are not satisfied with the answer, you can call customer service and get a refund. Again I do not work for justanswer, I am a user of the site just like you. So to answer your question, your social security can increase and it depends on the amount your ex husband receives from social security. Since you elected to take your benefit at age 62 you are subject to the early retirement penalty which means you did not receive 100% of your benefit since you took it early. The survivor benefit works in the same way. If you are at full retirement age (age 66 in 2016), you will receive 100% of your ex husband's benefit if you meet the requirements to receive a survivor benefit. The requirements are that be at least age 60 (since you receive a SS benefit I'm sure you meet this), you must have been married for at least 10 years (you said in your question you were married for 40 so you meet this as well), and you must remain unmarried (you can remarry at age 60 or later and still be eligible for you exes survivor benefit). If you meet this criteria, when you ex husband dies, you would receive a survivor benefit based on his retirement benefit. You will not receive his benefit in addition to your benefit. These benefits do not stack. You will receive the higher of your retirement benefit and his benefit (since you are at least age 66 now then you would get 100% of his benefit). So to answer your question, yes your benefit could increase if your exes benefit is higher than your own. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 1 year ago.
Just checking back in, do you have any further questions?