Ask Larry

Can I Collect My Husband's SS After He Passes Away If We Haven't Been Married For 10 Years?

My husband and I are both on SSA, he is a veteran with 100% disability, we’re both 73 yrs of age, we got married in 2017, can I collect his SSA after he passes away, can I collect his SSA if we have not been married 10yrs.?

Hi. If you're currently married to your husband when he dies, you wouldn't need to have been married for 10 years to potentially qualify for widow's benefits. You only need to have been married for at least 9 months to meet the duration of marriage requirement for widow's benefits.

The surviving member of a couple can be paid a total benefit rate of up to the higher of their 2 benefit rates. So, if you husband dies before you and if his benefit amount is more than your benefit amount, then you could be paid his amount instead of your amount. Technically, Social Security would continue to pay you your benefit plus a partial widow's benefit, but the 2 amounts would add up to your husband's higher benefit rate.

Best, Jerry

Posted: 
Jun 17 2021 - 12:01pm
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