Yes, if you were married to your ex-spouse for at least 10 years, you will still qualify for social security benefits based upon his work history even if he remarries. The only qualifications for receipt of benefits are that you be unmarried, at least 62, that your ex-spouse be of an age to be entitled to social security retirement or disability benefits, and that your ex-spouse’s benefit be higher than the benefit you would receive based upon your own work history.
Gregory D.R. Behringer is a family lawyer at the law firm of Laufer, Dalena, Jensen & Bradley, LLC in Morristown, New Jersey. View the firm’s Divorce Magazine profile.
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