How long do I have to be married to my husband to draw his social security benefits after he is deceased?

Asked over 4 years ago - Lula, MS

My husband has recently died and I've been told that we were not married long enough for my to qualify to draw his social security benefits. Everything I've seen states there is no time limit as long as we were married at the time of his death.

Attorney answers (1)

  1. David Arthur Stevens

    Contributor Level 8

    Answered . If you are over 60 years old and were married at the time of his death, you can qualify for widow's benefits if either of the following is true: 1) you were married for at least 9 months; or 2) you had children together. If either of these is true, and if he was fully insured for Social Security, you should be eligible to recover. There are some exceptions to this, such as if you are remarried or if you are receiving a retirement benefit that is larger than his benefit.

    If you are between the ages of 50 and 60, you will be eligible for his benefits if you are disabled.

    If you think you qualify for widow's benefits, go to your local social security office and complete an application for widow's insurance benefits. If you are lacking in any of the eligibility requirements, they will let you know.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

30,234 answers this week

3,197 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,234 answers this week

3,197 attorneys answering