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PDtax, CPA firm owner
Category: Social Security
Satisfied Customers: 4673
Experience:  35 years tax and professional advice in all matters money
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If your second marriage of two years ends in divorce - what

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If your second marriage of two years ends in divorce - what will happen when your second husband passes away after your divorce? Do you get his social security?

PDtax :

Welcome to the site. I will be helping you today.

PDtax :

The marriage generally has to last ten years or more to claim against a divorced ex-spouse's social security. Sorry I don't have better news.

PDtax :

Had you been eligible to claim against his earnings record, you would have been eligible for a 50% benefit. The good news is you would have been eligible for an increase in your benefits after his passing to 100%. The bad news, again, is that you weren't married long enough.

PDtax :

The survivor benefit would have been a great idea, but the ten year marriage period is a firm rule. You may be eligible under your first husband's record, but not your second. Thanks for asking at Just Answer. Positive feedback closes out your question. Or, ask any follow up you may have. I wish I had better news. I'm PDtax.


So a second mariage has to be longer than ten years to benefit from his passing.

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Customer: replied 4 years ago.

If you are still married to your second husbsnd when he passes do you still have to be married for ten years to get his benefits?

no. you would be eligible for survivor benefits. instead of ten years, if you were married nine months, you would be eligible.