Legal Question in Social Security Law in Indiana

when my husband dies

my husband has been married a couple of times before his first wife re-married but then divorced shortly after and took my husbands last name back my husband is now very sick with cancer and will die soon and the ex-wife keeps telling everyone that she will be getting half of the s.s. benefits is this true??? please help

Asked on 7/05/09, 10:05 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: when my husband dies

First, if you are married to your husband at the time of his death, then you will be entitled to full survivor benefits.

It's possible some of his former wives could claim survivor benefits on his social security, but if they do, it will not diminish your benefit. The current rule is that if a spouse had been married to a former spouse for at least ten years, then that former spouse can elect to take survivor benefits on the spouse's account. If the former spouse was not married for at least ten years, then there are no survivor benefits available. Good luck.

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Answered on 7/05/09, 11:02 pm

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