Ask Larry

Can I Collect Social Security From My First Husband Who Is Now Deceased?

I was married to my first husband 4/10 years before we divorce. I remarried and divorce my second husband. Can I collect Social Security from my first husband who is now deceased.

Hi. Yes, at least potentially. A subsequent marriage wouldn't bar you from qualifying for survivor benefits on the record of your previous spouse as long as the subsequent marriage has ended in death or divorce. To actually qualify for benefits on your first husband's record, though, In addition to having been married to him for at least 10 years you'd also need to be at least age 60 or at least age 50 and disabled. And, if you're already drawing your own benefits you could only receive survivor benefits if the survivor benefit rate is higher than your own benefit rate (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html).

Best, Jerry

Posted: 
Jul 11 2021 - 10:08am
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