Legal Question in Social Security Law in Pennsylvania

Social Security Benifet after death

After 30 years my husband and I are getting divorced. After my husband is deceased can I collect his social security benifets? He was married for four years prior in another marriage. Can the first wife claim his benifets before me?


Asked on 1/16/08, 12:53 pm

1 Answer from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Re: Social Security Benifet after death

You may be able to collect certain benefits when he retires.

see: http://www.socialsecurity.gov/retire2/yourdivspouse.htm

To qualify on his earnings record, your must:

have been married for at least 10 years;

be at least 62 years old;

be unmarried; and

not be eligible for an equal or higher benefit your own Social Security record, or on someone else's Social Security record.

It is more complex than this so go to the SSA.gov site for full details

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Answered on 1/16/08, 6:43 pm


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