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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37355
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 currently divorced, 76 years of age. I now receive as

Customer Question

I am currently divorced, 76 years of age. I now receive as benefits on my own earning and partially from ex-husband. If I remarry, will I still receive this and will I be eligibile for my 2nd husbands benefits if he passes on?
Thank you for your help.
Submitted: 10 months ago.
Category: Social Security
Expert:  LawTalk replied 10 months ago.

Good afternoon Stephanie,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

If I understand what you are telling me, you are presently receiving a spouse benefit that is comprised of your own retirement benefit and a part of your ex-husband's benefit.

If you remarry now, you will lose your ex-husband's portion of your retirement benefit, but your share based on your lifetime earnings will continue. After 12 months of marriage you will be able to apply for a spouse benefit based on your new husband's work record.

And yes, if your new husband predeceases you, you will then be eligible for a survivor benefit which will be equal to 100% of the retirement benefit that your new (2nd) husband is receiving at the time of his passing.

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,