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divorced spouse died

Oct
06
2010
By Guest (not verified)

I am 48 years old and on SSI and Medicaid. I recently found out my ex-husband died about 4 years ago. We were married for 13 years. Am I entitled to his social security? I have not remarried.

Forums: 
SSI - Supplemental Security Income

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Submitted by Site Admin on Wed, 10/06/2010 - 22:57

You will want to check with the SSA, but it sounds like you should qualify for survivor benefits either at age 60 or age 50 if you are disabled.

From http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/185 :

A deceased worker's former wife or husband who is age 60 or older (as early as age 50 if disabled) can get benefits if the marriage lasted at least 10 years. A former spouse, however, does not have to meet the age or length-of-marriage rule if she or he is caring for their natural or legally adopted child who is younger than age 16 or who is disabled and also entitled based on the deceased worker's work. The child must be the deceased worker's former spouse's natural or legally adopted child.

Submitted by Guest (not verified) on Mon, 10/24/2011 - 13:34

I am 73 years of age. My exhusband recently passed away at age 76. We were married 42 years and neither of us has remarried. Will I be intitled to his soc. security benefits

Submitted by Site Admin on Tue, 10/25/2011 - 00:04

Based on your description this is likely.

Social Security pays widow's or widower's benefits based on a percentages of the deceased worker's benefit amount. The percentage varies depending on the widow's or widower's age at the time of retirement. Here are the most typical situations:

  • A widow or widower, at full (survivor's) retirement age or older, generally receives 100 percent of the worker's benefit amount;
  • A widow or widower under full retirement age receives about 71 to 99 percent of the worker's benefit amount; or
  • A widow or widower with a child younger than age 16 receives 75 percent of the worker's benefit amount.

To get an estimate and apply for benefits call Social Security at 1-800-772-1213 (TTY 1-800-325-0778) 7 a.m. to 7 p.m., Monday through Friday.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/371

http://ssa.gov/pubs/10127.html#15

Submitted by Guest (not verified) on Thu, 12/01/2011 - 11:04

is a surviving divorced spouse entitled to benefits if he/she has remarried and is caring for the deceased's child under age 16?

Submitted by Site Admin on Thu, 12/01/2011 - 23:04

This seems to be a gray area. In general, you (the surviving divorced and remarried spouse) can not receive benefits for yourself due to the remarriage -- unless the later remarriage ends.

http://www.ssa.gov/survivorplan/ww&os2.htm#remarriage

However, the following implies any guardian can receive benefits if they are caring for a surviving child under 16 :

http://ssa.gov/pubs/10085.html#care

Please contact Social Security for your particular case.


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