Ask Larry

Can I Get Social Security On My First Husband's Record?

iam 63 and drawing ss off my 2nd husband, yes married 3 times now my common law husband which was 1st husband has died, can i get anything from ss?

Hi,

Possibly. You could only draw benefits on your first husband's record if your benefit rate would be higher than what you're currently getting on your 2nd husband's record, and your marriage would have to have been recognized as legal in a state that you resided in together. For a summary of state laws on common law marriage, refer to this section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305075.

Best, Jerry

Posted: 
Jan 4 2018 - 5:11pm
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