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dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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I received an answer to my first question. I want to ask a

Customer Question

I received an answer to my first question. I want to ask a second. My deceased husband's first wife is still alive. When they divorced, I believe she filed for his benefits. The SSA personnel said she saw in her file this first wife receiving benefits. Now that I, as his surviving spouse, was awarded 100% of my husband's benefit, does the first wife continue to receive any benefits under my husband's SSN?
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else important you think the Accountant should know?
Customer: I received an answer to my first question. I want to ask a second. My deceased husband's first wife is still alive. When they divorced, I believe she filed for his benefits. The SSA personnel said she saw in her file this first wife receiving benefits. Now that I, as his surviving spouse, was awarded 100% of my husband's benefit, does the first wife continue to receive any benefits under my husband's SSN?
Submitted: 2 months ago.
Category: Social Security
Expert:  emc011075 replied 2 months ago.

Hi. My name is ***** ***** I will be happy to help you.

What your deceased husband was getting were HIS benefits. What you and his previous spouse are getting are your own benefits based on his records. You are not collecting or sharing his benefits. She is entitled to survivor benefits as well as you are. She may be eligible for survivor benefits as well as you are and her eligibility will not affect your eligible or your benefits. Both of you are eligible for benefits based on his records, not for his benefits.

Expert:  emc011075 replied 2 months ago.

Does it make sense? Social security benefits cannot be inherited like a retirement account. You have to be eligible to receive social security benefits. Being married to somebody who receives benefits makes you eligible for spousal or survivor benefits.