Am I Able To Collect From My Husband's Social Security If He Dies After I Retire?

Category: 
Jun 16 2020 - 10:00am

My husband and I were married in 2013, he was divorced in 2004, he is 73, if I retire at 65 and he passes away after that am I able to collect from his social security, he was collecting his social security already before we got married.

Hi,

Potentially, yes. The fact that your husband was previously married would have no bearing on your ability to collect widow's benefits, even if a former spouse(s) of his also qualifies for survivor benefits on his record.

However, if you're already drawing your own benefits when your husband dies, you could only qualify for widow's benefits if your widow's rate is higher than your own benefit rate. If your husband dies before you and you are at least full retirement age (FRA) and drawing your own benefits, you'd basically qualify for the higher of your own benefit rate or your husband's benefit rate.

Best, Jerry