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Can I receive some of my ex-husband's SS Death Benefits

Haverhill, MA |

We were married 20 years. He remarried and was married ~15 years. He died recently. I am 62 years old. His second wife is 45 years old. She is currently unmarried. Am I entitled to some of his SS death benefits. I am currently still employed full time. I am unmarried

we were only married from 1981 to 1986. does this qualify>?

Attorney Answers 1


Benefits for surviving divorced spouses:

If you have been divorced, your former wife or husband who is age 60 or older (50-59 if disabled) can get benefits if your marriage lasted at least 10 years. Your former spouse, however, does not have to meet the age or length-of-marriage rule if he or she is caring for his/her child who is under age 16 or who is disabled and also entitled based on your work. The child must be your former spouse’s natural or legally adopted child.

Benefits paid to you as a surviving divorced spouse who meets the age or disability requirement as a widow or widower won’t affect the benefit rates for other survivors getting benefits on the worker’s record. However, if you are the surviving divorced mother or father who has the worker’s child under age 16 or disabled in your care, your benefit will affect the amount of the benefits of others on the worker’s record.

How much are benefits?

How much your family can get from Social Security depends on your average lifetime earnings. That means the more you have earned, the more their benefits will be. You should check your Social Security Statement, which is sent each year to every worker age 25 or older. The Statement gives an estimate of survivors benefits that could be paid, as well as an estimate of retirement and disability benefits and other important information.

Stanley Dale Radtke, Esq.
220 Montgomery Street, Suite 416
San Francisco, CA 94104

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