I just found out my ex-husband died; we were married for 16 years, but divorced for 33. I also just found out he remarried, but am not sure for how long. Do I get my ex-husband's survivor's benefits or do I have to share with the current wife? They couldn't have been married for more than 10 years because she was still married to someone else in 2004. Thanks.
By LD Jones
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To get the right answer you will have to call your local Social Security Office and talk to them.
You should both be able to draw from his social security, depending on how long you were married to him. I believe you were married long enough but you can call the social security office nearest you or check online at www.ssa.gov.
There are books out there now that address this subject. One is called, Get What's Yours, and another is called, Social Security-The Inside Story. It sounds like you should, but would you be better off using your own? Once you get to full retirement age, you could file and suspend your benefit then get social security benefits off your ex.
From my understanding, if you are married to someone for 10+ years, you do qualify to receive benefits. However, if you are receiving payments yourself, they adjust for that. The Social Security Office has a website, you can call them, or go in. There's no penalty for going in, and the sooner the better.
Books are nice and have a lot of information but laws/rules change frequently and it is rare that a book can cover all factors of something like this.
You can get all the current/up-to-date information/answers if you pay a visit to your SSA office. You do not state how old you are but I assume you are currently drawing SS benefits or plan to soon?
I am sure you were married long enough to draw from your ex-husbands earnings but you can make a choice between his benefits and your personal benefits when you apply. Your decision of course would be based on the amount of each benefit. If you are presently drawing benefits you can change if his benefit is higher.
I believe you may need your ex-husbands SS number as well as a copy of your marriage certificate and your divorce degree - but you get some preliminary answers with just your ex's SS number and they will tell you what papers you will need to get full disclosure.
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