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Married 22 years, divorced 10. Who gets ex spouses ss disability benefits..me or his common law wife?

I was married 22 years, divorced 10. Ex-husband is on ss disability. When he dies can I collect his ss benefits or do they go to his common law wife of 9 years? How old do I have to be to collect? What happens if I remarry? I am 53.

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If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more. This is independent of whether your ex-husband remarries or not.

If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record (even if he or she has remarried) if:

  • You are unmarried;
  • You are age 62 or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits and
  • The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends (whether by death, divorce or annulment).

If your ex-spouse has not applied for retirement benefits, but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years.

If you are eligible for retirement benefits on your own record Social Security will pay that amount first.

http://www.ssa.gov/survivorplan/ifyou3.htm

http://www.ssa.gov/retire2/divspouse.htm

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Not affiliated with the US Social Security Administration