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lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 29528
Experience:  Taxes, Immigration, Labor Relations
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I got married to a guy in October 9, 1991. We divorced on

Customer Question

Hello,I got married to a guy in October 9, 1991. We divorced on July 6, 2000. He is deceased and I will be 60 in August. I did not remarry, because of a 5 month difference to 10 years will I be able to collect his social security? Is there some kind of clause on something where I will be able to collect it? Waiting to hear from you soon. Thanks Vickie
Submitted: 10 months ago.
Category: Social Security
Expert:  lev-tax replied 10 months ago.

Exactly because you were married LESS than 10 years - as a divorced spouse - you do not qualify for survival social security benefits.

Sorry if you expected differently.

Expert:  lev-tax replied 10 months ago.

See here

https://www.ssa.gov/planners/survivors/ifyou3.html

If you are the divorced spouse of a worker who dies, you could get benefits just the same as a widow or widower, provided that your marriage lasted 10 years or more.

BUT

If you are caring for a child under age 16 or disabled who is getting benefits on the record of your former spouse, you would not have to meet the length-of-marriage rule. The child must be your former spouse's natural or legally adopted child.

That is the only exemption from the requirement....

.

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