Can I get Social Security survivor benefits if our marriage might not have been legal due to delayed divorce decree?

This is definitely complicated but you may still have options. The Social Security Administration generally follows state law when determining if a marriage is valid. In your case, they would look at whether your marriage would be considered valid under Arizona law. Sometimes even if a marriage had technical flaws, it might be recognized as a "putative marriage" if you entered into it in good faith. I suggest you gather these documents before applying: 1. Your marriage certificate 2. Your divorce decree (even though it was delayed) 3. Your late husband's death certificate 4. Any tax returns you filed as married 5. Documentation showing you lived together as husband/wife The fact that you thought your divorce was final might help your case. SSA does sometimes recognize marriages entered in good faith even with technical issues.

im sorry for ur loss but u need to be careful here! my aunt tried to claim benefits in a similar situation (different timing but also overlap in marriages) and SSA accused her of fraud! they made her pay back thousands and it was a nightmare. definately get a lawyer before u submit anything to them!!!

I worked for SSA for 15 years before retiring. Here's what you need to know: SSA will indeed look at state law, but they ALSO apply what's called the "deemed valid marriage" rule. If you believed in good faith that you were free to marry and lived with your spouse as husband and wife, SSA may consider the marriage valid for benefit purposes even if there was a legal impediment. The key factors will be: 1. Did you believe in good faith you were divorced? (sounds like yes) 2. Did you live together continuously until death? (sounds like yes) 3. Was there no legal impediment to the marriage at the time of the survivor benefit application? (your divorce is now final, so yes) File the application and be completely honest about the timeline. The worst that happens is they deny the claim, but they won't accuse you of fraud if you're truthful upfront.

Whatever you do, DONT GO TO THE SSA OFFICE WITHOUT AN APPOINTMENT!! I spent 5 HOURS waiting last month only to be told to come back another day because they were closing!!! And nobody answers their phone EVER! Such a broken system when people are grieving and need help.

This happened to my brother and his wife!!! She thought her divorce was final but there was some paperwork issue. When he died, SSA actually approved her survivor benefits because they had been together for 10+ years and she could prove they lived as husband/wife the whole time. They said something about "deemed valid marriage" - definitely mention that term when you apply!

Not tryna be negative, but why did u wait 2 years to check if ur divorce was actually final??? Most people would check that right away... Just saying the SSA people might wonder about that too

One more thing to consider: if you can't qualify for survivor benefits based on this marriage, check if you might qualify based on your previous marriage if it lasted at least 10 years. If you were married to your ex for 10+ years, you could potentially claim survivor benefits on his record when he passes (or even spousal benefits if he's still living and you're both old enough). Also, when you apply, bring any evidence that you held yourselves out as married to the community - joint bank accounts, insurance policies listing each other as spouses, deeds or leases showing both names, even holiday cards addressed to you as a married couple. SSA looks at the totality of circumstances in cases like yours.

BTW dont forget you have to apply for the $255 death benefit too! Its not much but every bit helps when dealing with funeral costs