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Will my separated status affect Social Security survivor benefits? We weren't living together when he died

I'm trying to understand if I'll have issues with survivor benefits since my husband and I were separated (but still legally married) when he passed. I'm 58 and still working, while my husband died last year at 54 after a sudden heart attack. We separated 3 years before his death but never filed any legal separation paperwork or divorce - we just lived in different states (I'm in Florida, he moved to Texas for work). When looking at the survivor application online, there's a question that asks if we were living together at time of death, which makes me nervous. I'm planning to wait until my FRA (67) to claim survivor benefits and maybe let my own retirement grow until 70, but I'm worried this living situation might affect my eligibility. Has anyone dealt with this situation? Does Social Security reject survivor claims if spouses weren't living together? And why would they even care about this if we were still legally married?

The answer is NO - being separated won't disqualify you from survivor benefits as long as you remained legally married. The SSA asks that question because in some cases, they need to determine if a marriage was valid or if there might be multiple potential survivor benefit claimants. I went through something similar when my wife passed - we were living apart temporarily for her cancer treatments in another state. The SSA representative explained they're just documenting circumstances, not using it as a way to deny benefits to legal spouses. Since you were legally married at the time of his death, you're entitled to survivor benefits regardless of physical living arrangement.

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Kevin Bell

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That's such a relief! Thank you for sharing your experience. Did they require any additional documentation or ask extra questions because you weren't living together at the time?

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Felix Grigori

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You should be fine regarding survivor benefits. The living together question is primarily for administrative purposes and to help determine certain benefit calculation details. Since you were legally married, separation without legal documentation doesn't impact your eligibility. However, it's smart to wait until your FRA to claim survivors and let your own benefit grow. You might consider getting a benefit estimate before then by scheduling an appointment. At 58, you could get widows benefits as early as 60 (or 50 if disabled), but with a permanent reduction.

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Kevin Bell

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Thank you for the detailed explanation! I definitely want to maximize what I can receive. Is there any way to get estimates without going into the office? The local SSA office is always so crowded, and I've heard horror stories about long wait times when calling.

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Felicity Bud

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I had a NIGHTMARE with SSA when my husband passed!! We were separated too (he was in Colorado, I stayed in Arizona) and the caseworker kept giving me trouble about it! Kept asking for more proof of marriage even though I had our certificate. Said something about needing to investigate our living situation. It took MONTHS to get approved when it should have been simple! I think a lot depends on which worker you get. Some are helpful, others make everything difficult!!! Be prepared for lots of questions and bring EVERY document you can think of!!!

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Max Reyes

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I had a similar experience but found a solution! After getting nowhere with multiple calls to SSA, I used a service called Claimyr (claimyr.com) that got me connected to a real person at Social Security in under 5 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. I was able to get my situation resolved in one call instead of weeks of frustration. The agent I spoke with confirmed that legal marriage is what matters, not living arrangements, and got my claim processed properly.

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I think the question is about household expenses and support. My cousin got survivors but they were living apart for work reasons for 2 years before he died. No problems with her claim.

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Adrian Connor

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yep thats right. my neighbor works at ssa and says they just need to know for their records. as long as you werent divorced your good to go

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Aisha Jackson

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When my wife passed we were technically separated (I moved out but no papers filed) and I still got survivors benefits no problem! But the real question you should be asking is about the timing. At 58 you've got some years before FRA. If you wait to claim survivors until 67 and your own at 70, you'll need other income for the next 9-12 years. Have you considered taking reduced survivors at 60 and switching to your own at 70? That's what my financial advisor suggested to me.

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Kevin Bell

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That's actually really helpful - I hadn't considered that strategy. I do have some retirement savings I could live on, but claiming survivors at 60 while letting my own benefit grow might make more sense. I'll definitely look into the numbers when I meet with SSA.

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Felicity Bud

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DONT TRUST WHAT PEOPLE SAY HERE!!! Every case is different! My sister-in-law was separated from her husband for 3 years (but still married) when he died and they DENIED her survivors benefits saying they were "estranged" and she couldn't prove financial dependence or something!!! She had to hire a lawyer to fight it!!! The rules are COMPLICATED!!

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There must be more to that story. Under normal circumstances, legal marriage at the time of death qualifies you for survivor benefits regardless of physical separation. The exception would be if there was a legal separation agreement that specifically addressed benefits, or if there were questions about the validity of the marriage itself. The SSA primarily wants to ensure the marriage was legitimate and not entered into solely for benefits purposes. Your sister-in-law's situation likely had complicating factors not mentioned.

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Felix Grigori

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To add some clarity here - the living arrangement question serves several purposes: 1) It helps SSA determine if there might be multiple potential claimants, 2) It identifies if there might be issues with the validity of the marriage, and 3) It helps with determining household expenses for certain calculations. As long as you were legally married and there's no question about the validity of the marriage, separation without a legal separation agreement should not impact eligibility for survivor benefits. The key facts from your situation: legally married, no divorce filed, no legal separation agreement. These are what matter for your survivor benefits eligibility. Your strategy of waiting until FRA for survivors while letting your own benefit grow is generally sound, but you might want to run calculations for different scenarios once you get accurate benefit amounts.

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Kevin Bell

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Thanks for the clear explanation! I feel much better about the situation now. I'll definitely get the specific benefit amounts before making any final decisions.

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