Ask Larry

Can I Collect On My Deceased Husband's Account If We Were Only Married For A Few Months?

Hi Larry,
I was only married to my husband a few months before he passed, can I collect his social security?

Hi. I'm sorry for your loss. There isn't enough information in your question for me to be able to give you a definite answer. First off, in order to potentially qualify for widow's benefits you must be at least age 60, or at least age 50 and disabled. Regardless of your age, though, you could still potentially qualify for survivor benefits if you have a child in your care who is eligible for benefits on your husband's record, and who is either under age 16 or is disabled (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0415.html).

Normally, you must be married for at least 9 months in order to be eligible for widow's benefits, but there are exceptions and alternatives. The most common exception is an accidental death. If your husband's death meets Social Security's definition of an accidental death, then you may be able to qualify for widow's benefits even if you were married for less than 9 months. For more exceptions and details, refer to the following section of Social Security's Handbook: https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0404.html.

The alternatives to the 9 month duration of marriage requirement involve having a child in common with your deceased spouse. Details on those alternatives can be found in the following section of the Handbook: https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html.

Best, Jerry

Posted: 
Mar 20 2022 - 3:40pm
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