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lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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I got married when I was 63 and my husband was 74. He began

Customer Question

I got married when I was 63 and my husband was 74. He began collection social security benefits at age 62. We have been married 5 years. Am I eligible for benefits on his work history?
Submitted: 9 months ago.
Category: Social Security
Expert:  lev-tax replied 9 months ago.

Hi and welcome to our site!
You will be eligible for social security benefits based on your spouse working record after be you will be married at least ten years.

As you were only married for five years - currently you are not eligible,

but you might be eligible for benefits based on your own working record.

Let me know if you need any clarification this matter.

Customer: replied 9 months ago.
The SS website says you have to be married 1 year
Expert:  lev-tax replied 9 months ago.

can you provide a reference to that page (which you mentioned) and I will verify?

Customer: replied 9 months ago.
Here is what I found:If you remarry before you reach age 60 (or age 50 if
disabled), you can’t receive widow’s benefits as long as
that marriage remains in effect. If you remarry after you
reach age 60 (or age 50 if disabled), you’ll continue to
receive benefits on your deceased spouse’s Social Security
record. However, if your current spouse is a Social Security
beneficiary, you should apply for a spouse’s benefit if it would
be larger than your widow’s benefit. You can’t get both.In this documenthttps://www.ssa.gov/pubs/EN-05-10127.pdf
Customer: replied 9 months ago.
https://faq.ssa.gov/link/portal/34011/34019/Article/3752/What-are-the-marriage-requirements-to-receive-Social-Security-spouse-s-benefits
Customer: replied 9 months ago.
http://socialsecuritybenefitshandbook.com/page6.html#204_SpouseThis says marriage requirement is 1 year. In section 211, the exceptions to this, it doesn't say anything about age.
Customer: replied 9 months ago.
I just got off the phone with SS, they said only requirement is 1 year of marriage.
Expert:  lev-tax replied 9 months ago.

Yes - that is correct.

10 years married requirements is for divorced spouses.

If you are currently married - you do qualify for 50% of your spouse's benefits based on your spouse's working record after one year of being married.

If you qualify for benefits based on your own working record and spousal benefits - you would receive a larger of both - Sorry for confusion.

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