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emc011075, Tax Adviser
Category: Social Security
Satisfied Customers: 3173
Experience:  Tax adviser IRS licensed Enrolled Agent and tax instructor
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My husband and I were divorced in 2007 he recently died of

Customer Question

my husband and I were divorced in 2007 he recently died of cancer we were married for 22 years. he recently got married before he died, they were married for only three years cab I apply for his ss my name is ***** ***** my ex was Edward j rhyne
Submitted: 1 year ago.
Category: Social Security
Expert:  emc011075 replied 1 year ago.
Hi. My name is ***** ***** I will be happy to help you. You can receive social security benefits based on your ex-spouse's records if certain conditions are met:- you were married for at least 10 years- you are unmarried and at least 62 years old- benefits based on his records are more than your benefits (50% if you apply at full retirement age, between 30 - 45% if you apply early)- your ex-spouse is entitled to benefits or disability benefits.
Customer: replied 1 year ago.
I am going to be 69 this year I said help
Expert:  emc011075 replied 1 year ago.
You will need to check with SSA about his benefits (only SSA can access his work records), how much you would be entitled to based on his eligibility and when you started collecting your benefits. The fact that he remarried doesn't affect your right to his benefits. Here's spousal benefit calculator. Enter your date of birth and when you started collecting your benefits. It will calculate percentage of your spousal benefits:
Customer: replied 1 year ago.
My data birth 811 47 and I am 69 years old and I'm not sure when I started collecting mine was at least about 10 years
Expert:  emc011075 replied 1 year ago.
You have to be at least 62 to qualify for social security benefits, so I am assuming you started collecting your benefits sometime in 2009. Based on this information you would receive about 35% of your ex-spouse benefits. You will need to find out how much were his benefits and if yours will be higher than 35% of his.
Expert:  emc011075 replied 1 year ago.
Any questions? Is there anything else I can help you with today? Because you were 62 or older at the end of the year, your benefits will not be affected by the new changes to social security benefits. Anyway, if this answered your question, please take a moment to rate my response so that I may receive credit for assisting you today. You find the rating bar on the top of the page – 5 stars. However, if you need clarification, or want to discuss this issue further, let me know. Thank you.