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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 10095
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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How long does a women have to be married to her and it the

Customer Question

How long does a women have to be married to her and it the second marriage for both before she can draw his social security upon his death?
Submitted: 7 months ago.
Category: Social Security
Expert:  Lane replied 7 months ago.
Hi,...For a Social Security survivor's benefit, a widow or widower must have been married to the deceased worker at the time of his or her death and for at least nine months immediately prior to the day in which the worker died, unless one of the exceptions is met....Some of the exceptions include the worker's death was accidental or the worker's death occurred in the line of duty as an actively serving member of a uniformed service....This being a second marriage is irrelevant to SURVIVOR'S benefit. The remarriage issues come up with SPOUSAL benefits, a different benefit
Expert:  Lane replied 7 months ago.
If you'd like to reconcile some of what you may have heard ... Here's an excellent overview of the SPOUSAL benefit issues as it relates to divorce and remarriage....If you are divorced, but your marriage lasted 10 years or longer, you can receive benefits on your ex-spouse's record, even if he or she has remarried, as long as you are unmarried and are 62 or older....In addition, if your ex-spouse has not applied for retirement benefits but can qualify for them, you can receive benefits on his or her record if you have been divorced for at least two years....As a divorced spouse, your benefit is equal to one-half of your ex-spouse's full retirement age amount or disability benefit if you start receiving benefits at your full retirement age. You can collect spousal benefits on your ex as early as 62, but those benefits will be worth just 35% of the ex-spouse's benefit amount....If you claim Social Security benefits before your full retirement age, you will receive the largest benefit to which you are entitled — whether it is based on your own work record, your ex-spouse's or a combination of the two....But if you wait until your full retirement age — currently 66 — to claim benefits, you can file a restricted claim for spousal benefits only and allow your own benefits to accrue delayed retirement credits worth 8% per year up until 70....If you remarry, you generally cannot collect benefits on your former spouse's record unless your later marriage ends, whether by death, divorce or annulment.
Expert:  Lane replied 7 months ago.
I hope this has helped....Please let me know if you have any questions at all....If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the faces or stars on your screen, and then clicking “submit")...JustAnswer will not credit me for the time and work until you have rated in this way....Thank you!Lane……I hold a law degree (JD, Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial, Social Security/Medicare, estate, corporate, both for-profit and non-profit, and tax advice, to clients on three continents, since 1986.

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