If I am legally separated, can I draw my former deceased husbands SS benefits instead of my present husband’s?

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If I am legally separated, can I draw my former deceased husbands SS benefits instead of my present husband’s?

Asked on March 7, 2012 under Family Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends on if you forfeited any rights to those social security benefits. You need to see if you can draw at all now that he is deceased. You should contact your former divorce counsel or a new counsel and go through the process of attempting to collect. If you were no longer married due to his death, that is one issue but if you were divorced prior to his death, that is a separate issue entirely.


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