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Social Security Q&A: Can I File If My Deceased Ex Was a Citizen?

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Question: I was married from 1990 to 2010 to an American citizen. We were married and lived in the USA. We divorced in 2010 and he remarried in 2013, five days before he died on Aug. 5, 2013. Do I have right to a pension? I’m 60 years old, but I’m not American.

Answer: ​I believe you do have the right to a widow’s benefit. If you take it now at age 60, it will be reduced by 28.5 percent compared to waiting to take it at full retirement age. Contact the local Social Security office.

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