Ask Larry

Who Gets To Draw Benefits As A Surviving Spouse?

My Husband has married 2 women and we are still married if he dies who gets to draw on his SSI ?

Hi,

Potentially, both of you. A widow can be eligible for benefits based on a marriage lasting at least 9 months, whereas a divorced spouse must have been married to their deceased ex-spouse for a minimum of 10 years in order to qualify for surviving divorced spousal benefits. There is no limit on how many surviving divorced spouses may qualify for benefits on the same record as a widow.

On the other hand if you're referring to a bigamous marital situation, then the widow who was validly married to the deceased would normally take precedence with regard to the payment of widow's benefits. In some cases, though, both spouses could still be paid widow's benefits.

Best, Jerry

Posted: 
Nov 10 2017 - 11:26am
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