Can I qualify for SS survivor benefits with only 9-month marriage from 26 years ago?
I recently turned 66 and I'm trying to understand my Social Security options. My first husband passed away shortly after our wedding - we were only married for 9 months before he died. This was about 26 years ago, and I never remarried. I've worked most of my life but my earnings were always on the lower side. Someone mentioned I might be eligible for survivor benefits based on his record, but I thought there was a 9-month marriage requirement? Does that mean I'm right at the cutoff? If I am eligible, should I apply for these benefits now or wait until I'm 67? I tried calling the SSA three times this week but can't get through to anyone who can answer my question. Any advice would be greatly appreciated.
19 comments
Caleb Stone
Yes, you CAN get survivor benefits! The 9-month duration of marriage requirement is exactly what SSA requires for widow(er) benefits in most cases. Since you said you were married exactly 9 months, you should meet that threshold. There are even exceptions to the 9-month rule in cases of accidental death or military service, but it sounds like you won't need those exceptions. At your FRA (which is 66 + a few months depending on your birth year), you'd be eligible for 100% of his Primary Insurance Amount. I'd recommend applying right away since you're already 66.
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Jade Santiago
•Oh wow, thank you! I wasn't sure if it had to be LONGER than 9 months or if exactly 9 months would qualify. This gives me hope. Do you know what documents I'll need to provide? It was so long ago, I'm worried about finding all the paperwork.
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Daniel Price
my sister tried to get survivor benefits from her husband who died after 11 months of marriage and ss gave her the runaround for MONTHS before finally approving it. make sure you have your marriage certificate and his death certificate before you even start. and be prepared to fight them on it!!!
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Jade Santiago
•That's concerning to hear. Did they eventually approve her without any special circumstances? I'm worried since it's been 26 years and I'm not sure if there's a time limit for applying.
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Daniel Price
•yeah they did approve her eventually but she had to call like 20 times!!! no time limit that i know of but the longer you wait the more $$ you lose
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Olivia Evans
I had a similar situation but we were married for 8 months, and I was denied. My understanding is that the 9-month requirement is a MINIMUM - you need to be married AT LEAST 9 months. If you were married exactly 9 months, you should qualify. Get your marriage certificate, his death certificate, his Social Security number (if you have it), and your birth certificate ready. Also, regarding WHEN to claim - it depends on your own work record. If your survivor benefit would be higher than your own retirement benefit, you could claim your own reduced retirement now and switch to survivors at your FRA for the maximum amount. Or vice versa. SSA should calculate the best option for you.
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Jade Santiago
•Thank you for explaining that. I'm sorry you were denied - that must have been incredibly frustrating. I'm pretty sure we were married right at 9 months, but now I'm nervous about calculating it exactly. Would they count it by days or just calendar months?
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Sophia Bennett
They count it by days! My mom went through this. Need exactly 9 months which is like 274 days i think
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Aiden Chen
Actually, the SSA typically uses calendar months for the 9-month duration requirement, not exact days. So if you were married on January 15th and your spouse passed away on October 15th, that would count as 9 months. There are exceptions to the 9-month rule if death was accidental or occurred in the line of duty for military service. But regardless, if it's been exactly 9 months, you should qualify. At age 66, you're at or very near your Full Retirement Age (FRA), which means you'd be eligible for 100% of your deceased husband's benefit amount. The real strategy question is whether to take your own retirement benefit or the survivor benefit. You can take one now and switch to the other later if it would result in a higher payment. Also, don't worry about the 26-year gap - there's no time limit for applying for survivor benefits. However, they will only pay up to 6 months of retroactive benefits, so don't delay your application.
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Jade Santiago
•Thank you for this detailed explanation! I really appreciate you clarifying about the calendar months vs. days. That makes me feel better. I'm definitely going to apply right away - my own benefit is fairly small so the survivor benefit would likely be better.
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Zoey Bianchi
my condolences on your loss even tho it was long ago. grief stays with us doesn't it? i think everyone here gave you good advice but just wanted to say good luck with everything!!!
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Christopher Morgan
If you're having trouble getting through to Social Security on the phone, I'd highly recommend using Claimyr. It was a game changer for me when I was dealing with survivor benefits last year. It gets you through to a live SSA agent usually within 20 minutes instead of waiting for hours or getting disconnected. I was skeptical at first but it actually works - you can see how it works in their video demo: https://youtu.be/Z-BRbJw3puU Once you get through to an agent, ask them to check if your marriage duration qualifies. They can look at the exact requirements for your specific situation since there are sometimes exceptions to the 9-month rule. The website is claimyr.com - definitely worth it instead of calling dozens of times.
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Daniel Price
•does this really work??? i spent 3 HOURS on hold with ssa last month just to get disconnected
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Christopher Morgan
•Yes! I was so frustrated with calling SSA directly - either couldn't get through or waited forever. With Claimyr I got through in about 15 minutes. Just make sure you have all your questions ready since you're talking to the same SSA agents, just without the ridiculous wait time.
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Aurora St.Pierre
DONT BELIEVE WHAT THEY TELL YOU ABOUT THE 9 MONTH RULE!!!! The government changes the rules whenever they want!! My friend was married 11 months and they STILL denied her!!! They said some nonsense about her husband's work credits or whatever. The whole system is designed to DENY benefits we DESERVE!!!!
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Aiden Chen
•This information isn't accurate. The 9-month duration of marriage requirement is consistent, but there are other eligibility factors as well. Your friend's husband may not have accumulated enough work credits under Social Security to qualify for survivor benefits, which is a separate requirement. For a surviving spouse to claim benefits, the deceased worker needs to have earned 40 credits (typically 10 years of work) under Social Security. This isn't about changing rules - these requirements have been stable for many years.
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Jade Santiago
Thank you everyone for your helpful responses! I've gathered all my documents - found the marriage certificate and death certificate after digging through some old files. I'm going to try calling SSA tomorrow morning, and if I can't get through, I'll look into that Claimyr service someone mentioned. I've calculated the exact marriage duration and it was 9 months and 2 days, so it sounds like I should qualify. I'll update once I get some answers from SSA. Fingers crossed!
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Caleb Stone
One important thing to consider - you mentioned you're 66 now. Depending on your exact birth year, your Full Retirement Age might be 66 plus a few months. If you're not quite at your FRA yet, you might want to wait until then to apply for the survivor benefit to get the full 100%. Or if your own retirement benefit is significantly lower, you could apply for your own reduced retirement benefit now and then switch to the survivor benefit at your FRA. The SSA can calculate which strategy would give you the highest lifetime benefits.
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Jade Santiago
•That's a good point - I was born in 1956, so my FRA is 66 and 4 months, which is still a few months away. I'll ask about these options when I speak with them. Thank you!
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