If my husband passes away is his first wife entitled to any of his social security benifets?

Answer 1

no, she is not entitled...you are, if he dies and you are married to him at time of death. Good luck..and you are NOT trying to kill him, are you????

Answer 2

Yes she is, if she was married for at least 10 years. You must be married 10 years to ever get a husbands social security.
That is if the ex wife is not married at the time of his death to someone else.
You may be able to get it also if you have been married long enough??? I just looked this all up online the other night, there is alot there. Just type in the question like you did on here and you can read about it. Good luck.

Answer 3

Short answer: Yes, if they were married for at least 10 years, she's not married when she applies, she's over 62, and her own benefits are not greater than his.

Long answer:

According to Title 20 of the Code of Federal Regulations:

404.331 Who is entitled to wife's or husband's benefits as a divorced spouse.

You are entitled to wife's or husband's benefits as the divorced wife or divorced husband of an insured person who is entitled to old-age or disability benefits if you meet the requirements of paragraphs (a) through (e). You are entitled to these benefits even though the insured person is not yet entitled to benefits, if the insured person is at least age 62 and if you meet the requirements of paragraphs (a) through (f). The requirements are that—

(a) You are the insured's divorced wife or divorced husband and—

(1) You were validly married to the insured under State law as described in §404.345 or you were deemed to be validly married as described in §404.346; and

(2) You were married to the insured for at least 10 years immediately before your divorce became final;

(b) You apply;

(c) You are not married. (For purposes of meeting this requirement, you will be considered not to be married throughout the month in which the divorce occurred);

(d) You are age 62 or older throughout a month in which all other conditions of entitlement are met; and

(e) You are not entitled to an old-age or disability benefit based upon a primary insurance amount that is equal to or larger than the full wife's or husband's benefit.

(f) You have been divorced from the insured person for at least 2 years.
Source(s):
http://www.ssa.gov/op_home/cfr20/404/404...

Answer 4

Yes,
If the ex wife was married for over 10 years and is not married at the time of his death.
I am not sure if the ex was remarried then divorced if that same thing applies.. i believe it does if she had kids with him and was married for over 10 years.

Answer 5

Yes , the law states if they were married for 10 years and she / he has not remarried. The ex- wife can collect benefits.

Answer 6

i'm no longer positive, yet right it is a web website to envision out... i'm hoping you discover out ur answer... All I did became "google" Social safe practices Survivors, perchance you receives techniques going that direction to boot.

Answer 7

Not if they are divorced and you two are married. If he married you without divorcing her then you get nothing your marriage is invalid without fighting it out in court.

I hope your husband doesn't die. If he does I hope it's for the best in some way.

Good luck with that.

Answer 8

Gosh I hope not....my husband's X is so money hungry....I would think not because you are the one married to him now. Talk to an attorney to get the 411, it might be worth the $$ you spend..good luck!

Answer 9

No, if you are currently married you would be the only person entitled to his benefits.

Answer 10

Does it matter? Probably not, she's not legally married to him now, so unless she's in his will...but is that all that matters to you is what you're gonna get out of your husband's death?