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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2983
Experience:  associate attorney
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My ex- husband of 16 years is 64 and not collecting Social

Customer Question

My ex- husband of 16 years is 64 and not collecting Social Security. My second husband died. I am deaf and on disability. Can I get Social Security benefits from my ex husband before he dies.
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. Yes, as long as you are unmarried and were married for over 10 years (you were). If he has not taken his benefit then he must be of retirement age and you have been divorced more than 2 years. The spousal benefit though does not stack with with your SSDI. You can take the higher of the spousal benefit (50% if you take it at age 66) and your own benefit. If your second husband died you probably would have much better odds getting that benefit as it is 100% of the second husband's benefit at full retirement age. It would be reduced if you took it before age 66 by the early retirement penalty. So as long as you are not married and the spousal benefit is higher than you own benefit from SSDI, you can take that benefit. 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?