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Who is entitled, wife or ex-wife?


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An ex-spouse may qualify for benefits based on their former spouse's work record if they were married for at least 10 years and are not currently married. There are also a few other details.

The benefits paid to a divorced spouse or a surviving divorced spouse will not affect the benefit amount paid to other family members who receive benefits on the same record.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/299

Does the above comment apply to either spouse? Can the ex-husband file on the ex-wives ssi benefits as well?

Yes, in general, benefits for ex-spouses apply equally for men and women. The above, however, applies for Social Security benefits (retirement, disability) based on a work record -- not SSI.

I have not seen evidence to indicate one can receive "derivative" (ex-spousal) benefits if your ex-spouse is only receiving SSI. SSI is need based, so even if this were possible I suspect the ex-spouse also would need to meet income and asset limitations (ex. no more than $2,000/$3,000 in available funds).

Please contact Social Security directly for further questions.

http://www.ssa.gov/ssi/text-eligibility-ussi.htm

If I remarry will I be elegible to recieve my exhusbands retirement SS benefits? we were married for 28 yrs. and I only worked part time.

if i remarry and i pass on does my new wife get my benefits or my ex?

Depending on your situation, both may qualify for survivor benefits.

Your ex-wife should get benefits just the same as a widow or widower, provided that the first marriage lasted 10 years or more.

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

For your new wife, she can qualify for widow's benefits if she was married to you (the deceased worker) for at least nine months just before the worker died. However, you do not need to be married to the worker for any specific length of time in several cases outlined here :

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/395

For retirement benefits, 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).

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

For survivor benefits, generally, you cannot get benefits if you remarry before age 60. But remarriage after age 60 (or age 50 if you are disabled) will not prevent you from getting benefit payments based on your former spouse's work record.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1597


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