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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37639
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 am a 66 year old widow who is collecting my husband's ss

Customer Question

I am a 66 year old widow who is collecting my husband's ss ...question is...he was divorced and his x wife is remarried...If she chooses to collect hiss SS how will it effect me?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I am very sorry for your loss. My goal is to provide you with excellent service today.

First of all, because a remarried ex-spouse is not eligible to make a survivor claim on an ex-husband, your husbands ex will not qualify to make such a claim as long as she remains married.

More importantly to you though, when an ex-spouse makes a survivor claim based on her ex-husband's earnings record, it has absolutely no effect whatsoever on the widow's right to make a full survivor claim as well. The claims are deemed entirely separate and have no effect on the other.

So as you are collecting a survivor benefit based on your husband's passing, you needn't have any concern about his ex filing a similar claim. She cannot do that at the moment and even if she will be able to in the future based on the ending of her marriage, her claim won't impact your claim at all----you will continue to collect the same benefit, without interruption.

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.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

Good morning,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

If I have already provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,