Ask Larry

Can I Collect My Husband's Social Security?

My husband and I were married in the USA . He left this country and went back home to Mexico do you work there the rest of his life can I collect his Social Security?

Hi. You can't collect your husband's actual Social Security benefits or any of the Social Security taxes he paid, but you might be able to qualify for spousal or survivor benefits. If your husband is living and if you're still married to him, then you could only qualify for spousal benefits if he is drawing Social Security retirement or disability benefits. If you're divorced from your husband, you could only qualify for divorced spousal benefits if your husband is either drawing his benefits or if he's at least age 62 and he worked in the U.S. long enough to be insured for benefits. Also, you would need to be at least age 62 to qualify for either spousal or divorced spousal benefits, unless you have a child in your care who is collecting child benefits on your husband's account (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html).

If your husband is deceased and if he worked in the U.S. long enough to be insured for Social Security, you may be able to qualify for widow's benefits if you're at least age 60, or at least age 50 and disabled (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0402.html), or if you have a child in your care who is collecting child benefits on your husband's account.

Best, Jerry

Category: 
Posted: 
Feb 22 2023 - 5:54pm
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