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I am a widow, & have been married to another man for 24yrs.

Customer Question
I am a widow...

I am a widow, & have been married to another man for 24yrs. He has decided to leave me. I was told by a SS agent if this happened I would be eligible for my 1st husbands benefit. Is this true & if for financial reasons I'm not able to move out can we be roommates?

Accountant's Assistant: 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 Retirement Accountant should know?

I'm nervous about having the same address. I don't want to be cheating on SS, but there is no way I can move to my own place.

Submitted: 4 months ago.Category: Social Security
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Answered in 2 minutes by:
3/9/2018
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 4 months ago
Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 14,683
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
Verified

Hi. My name’s Lane …

I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, to clients on three continents, since 1986.

I’m reading your question now.

Bear with me a moment while I type up my response.

….

Then if you have further questions we can go from there.

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 4 months ago

The rules for getting a survivor benefit from a previous husband are that (1) you did not remarry before age 60 OR (2) that the second marriage ends due to divorce, death or annulment.

...

SO, if the person mentioned that the second marriage MUST end (OR knew that you were age 60 before you re-married), that would be correct.

...

Who you live with, however, is not relevant at all.

...

It's your current marital status (or your not remarrying this other man until after age 60) that this all turns on.

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Customer reply replied 4 months ago
I'm 66 & married him in my 40's. So, does that void my 1st husband's benefit? Also, having the same address divorced won't get me in trouble?
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 4 months ago

If you divorce, you will be entitled to your first husbands benefit ... where you live and who you live with, again, is irrelevant.

...

But since you were remarried in your 40's you must divorce.

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 4 months ago

Please let me know if you have ANY questions at all, before rating me.

If this has helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars on your screen, and then clicking “submit")

I hope that you’ll rate me based on my accuracy and thoroughness, rather than any good news/bad news content.

That’s the only way JustAnswer.com will credit me for the work here.

Thanks,

Lane

So, to recap, your ability to

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Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 14,683
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Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986

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