Ask Larry

If My Husband Dies Before We've Been Married For Ten Years Do I Receive His Benefits Or Does His Former Wife?

I divorced in 2014, separated in 2012. We were married for 14 years prior to the separation.

I would like to remarry. My boyfriend was also previously married for over 14 years. He is currently 62, working, not collecting social security. I am 51 working and not collecting social security.

If we marry and he dies before us being married for at least 10 years, do I received benefits or does his former wife?

Hi. You only need to be married for 9 months in order to potentially be eligible for widow(er) benefits if your current spouse dies. The 10 year marriage requirement applies to divorced spousal and surviving divorced spousal benefits. So, assuming you get married and your new spouse dies after you've been married for at least 9 months, you could potentially qualify for widow's benefits regardless of whether or not your husband's ex-spouse is eligible for benefits on his record. The entitlement of a former spouse to divorced spousal or surviving divorced spousal benefits has no adverse effect on a widow(er)'s eligibility for benefits, nor the amount of their benefit.

Just so you know, though, if you get remarried before you turn age 60 you won't be able to qualify for benefits from your ex-husband's account for as long as your current marriage is continuing.

Best, Jerry

Posted: 
Nov 12 2021 - 10:23am
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