How many years do you need to be married to qualify for Social Security survivor benefits?
I just turned 58 and my husband (62) has been diagnosed with a serious health condition. I'm trying to understand what benefits I might be eligible for if something happens to him. We've been married for 8 years, but I heard somewhere that you need to be married for 10 years to get survivor benefits from Social Security. Is this true? I'm getting conflicting information online - some sites say 9 months, others say 10 years. Can someone clarify this for me? I'm really worried about my financial future if he passes away. He worked his whole life and has a good earnings record with Social Security.
18 comments
StarSailor
The 10-year marriage requirement is for ex-spouse benefits (divorced spouse benefits), not survivor benefits. For survivor benefits, you generally only need to have been married for 9 months at the time of your spouse's death. There are some exceptions to even the 9-month rule for accidents or military service deaths. As a widow, you could be eligible to collect as early as age 60 (or 50 if disabled). The benefit amount depends on a few factors including your age when you claim and whether your husband had started receiving his own benefits.
0 coins
Zainab Ibrahim
•Thank you so much! That's a huge relief. I was confusing survivor benefits with divorced spouse benefits then. Do you know if his benefit amount will be reduced if I claim at 60 instead of waiting until my full retirement age?
0 coins
Connor O'Brien
ur fine with 8 yrs for widows benefits but the 10 yr rule is if u get divorced, thats when u need 10 yrs to claim on their record
0 coins
Zainab Ibrahim
•Thanks! I appreciate the confirmation. Good to know I'm eligible even if we haven't hit the 10-year mark.
0 coins
Yara Sabbagh
I went through this last year when my husband passed. You only need 9 months of marriage for survivor benefits. BUT be careful about when you claim!!! If you take survivor benefits early (before your FRA which is probably 67), they will be permanently reduced! I think it's like 28.5% less if you claim at 60. ALSO, you need to know that you can claim survivor benefits and your own retirement at different times - this is one of the FEW cases where you can still use this strategy!!! This is VERY important to understand.
0 coins
Zainab Ibrahim
•I'm so sorry for your loss. Thank you for sharing your experience - this is incredibly helpful information. I didn't realize I could claim different benefits at different times. So I could potentially take one benefit early and switch to the other later? I definitely need to learn more about this strategy.
0 coins
Keisha Johnson
Just to add some clarity, here's how survivor benefits work for widows/widowers: 1. You need to be married for at least 9 months (with some exceptions) 2. You can claim as early as age 60 (or 50 if disabled) 3. If you claim before your Full Retirement Age (FRA), the benefit is reduced 4. At your FRA, you'd receive 100% of your deceased spouse's benefit amount Importantly, unlike regular retirement benefits, you have flexibility with survivor benefits. You could take reduced survivor benefits at 60 and then switch to your own (unreduced) retirement benefit at your FRA or later. Or take your reduced retirement benefit at 62 and then switch to full survivor benefits at your FRA. This is one of the few remaining claiming strategies that can be optimized after the 2015 budget changes eliminated many others. I'd recommend scheduling an appointment with SSA to discuss your specific situation when the time comes.
0 coins
Zainab Ibrahim
•Thank you for laying this out so clearly. The switching strategy sounds really important to understand. My own work record is decent but my husband's is better, so I'll need to figure out the optimal timing. Is it difficult to get an appointment with SSA to discuss this?
0 coins
Paolo Rizzo
When my father died, my mom had only been married to him for 6 years and she still got survivor benefits!!! SSA told her over the phone that she qualified even though it was under 9 months. Wait, now I'm confused... it was definitely more than 9 months but less than 10 years. Maybe there are different rules for different situations? The whole system is SO CONFUSING!!!!
0 coins
StarSailor
•Your mother definitely qualified since she was married for 6 years, which is much longer than the 9-month minimum requirement for survivor benefits. The 10-year rule only applies to divorced spouse benefits, not to widow(er) benefits. It is confusing because there are different duration of marriage requirements for different benefits!
0 coins
QuantumQuest
OMG trying to get accurate info from SSA is IMPOSSIBLE!!! I spent 3 weeks calling them daily after my husband passed away last year and either couldn't get through or was given wrong information. They told me I couldn't file for survivor benefits until I was 60 (I'm 57), but then I found out I could have filed for the one-time death benefit of $255. The whole system is broken!
0 coins
Amina Sy
•I had the same experience trying to reach SSA about my disability claim. After getting nowhere for weeks, I tried using Claimyr.com to get through to a real person at the SSA. It worked amazingly well - got me past the hold times and connected to an agent in minutes instead of hours. They have a demo video at https://youtu.be/Z-BRbJw3puU that shows how it works. Saved me so much frustration! Definitely worth it when you need to actually speak to someone at Social Security.
0 coins
StarSailor
One thing that hasn't been mentioned yet: if you're caring for your husband's child who is under 16 or disabled, you could be eligible for mother's/father's benefits regardless of your age. This is different from widow(er)'s benefits and has different rules. Just mentioning in case it applies to your situation.
0 coins
Zainab Ibrahim
•We don't have children together (both our kids from previous marriages are grown), but that's good information to know. There are so many different benefit types I wasn't aware of.
0 coins
Yara Sabbagh
KEEP IN MIND that if you work while collecting survivor benefits before your FRA, you'll be subject to the earnings test!!! In 2023 you could only earn $21,240 before they start taking $1 for every $2 you earn above that limit. They don't tell you this stuff upfront!!! I learned the hard way when they reduced my checks because I was still working.
0 coins
Zainab Ibrahim
•Thank you for this warning! I'm still working full-time and plan to continue for several more years, so this earnings limit would definitely affect me. I had no idea they would reduce the benefit that much if you're still working.
0 coins
Connor O'Brien
also look into if ur eligible for that $255 death benefit payment, its not much but its something
0 coins
Paolo Rizzo
•Yes! That death benefit is automatic if you were living with your spouse when they passed away. Though honestly, $255 barely covers any funeral expenses these days... my dad's funeral was over $12,000 😢
0 coins