Ask Larry

Am I Entitled To Benefits On My Deceased Ex-Spouse's Record?

I was married in 1982 divorced in 1990, we stayed together as man and wife divorced again in 1996. He has recently passed away am I entitled to spousal benifits?

Hi. I can't give you an answer based on the information in your question. First off, in order to potentially qualify for benefits on the record of a divorced spouse you must have been married for at least 10 continuous years. I don't know what you mean by 'staying together' as a man and wife following your divorce, but unless you were legally considered married under the laws of your state it wouldn't count toward the 10 year requirement. I'm also confused about why you got a second divorce assuming that your first divorce was valid.

Two marriages to the same person that are interrupted by a brief divorce can sometimes be considered continuous, so if you divorced in 1990 and remarried in 1990 or 1991 then you might meet the 10 year duration of marriage requirement. If so, you would still need to be at least age 60 (or at least age 50 and disabled), or you'd have to have a child in your care who is either under age 16 or disabled who qualifies for child benefits. You'd also need to be unmarried unless your current marriage occurred after you reached age 60.

Since I don't have enough information to give you a proper answer, I would suggest that you contact Social Security to find out if you can qualify for survivor benefits.

Best, Jerry

Posted: 
Apr 1 2021 - 2:41pm
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