Can I collect my husband's Social Security after 10 years of marriage?

Asked by: Gilda Stamm  |  Last update: January 26, 2026
Score: 4.8/5 (44 votes)

A divorced spouse may be eligible to collect Social Security benefits based on the former spouse's work record. The marriage must have lasted for at least 10 years before ending in divorce, and you must be unmarried and at least 62 years old.

How long do you have to be married to get your spouse Social Security?

Qualifying spouse beneficiaries must be married to the retiring spouse for at least one continuous year prior to applying for benefits, with certain exceptions.

What is the 5 year rule for Social Security?

The Social Security 5-year rule refers specifically to disability benefits. It requires that you must have worked five out of the last ten years immediately before your disability onset to qualify for Social Security Disability Insurance (SSDI).

How much does a wife get of her husband's Social Security?

The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.

Does a widow automatically get her husband's Social Security?

When a spouse passes, the SSA pays an eligible surviving spouse a percentage of the deceased's retirement benefits, depending on the deceased's age: If the deceased did not reach full retirement age, the surviving spouse can receive 100% of the retirement benefit.

Social Security Spousal Benefits - MADE EASY to Understand

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What are the rules for collecting your spouse's Social Security?

Your spouse must be receiving benefits for you to get benefits on their work record. If your spouse does not receive retirement or disability, you'll have to wait to apply on your spouse's record. In addition, to be eligible for spouse's benefits, you must be one of the following: 62 years of age or older.

What is the widow's penalty?

The widow's penalty occurs when a surviving spouse's tax status reverts from married filing jointly to single. If you're a widow or widower, you can file a joint tax return for the year of your spouse's death.

Does second wife get Social Security from husband?

If you've been married multiple times, your current and former spouses could be eligible for Social Security benefits based on your earnings record, subject to certain requirements.

What is a widow entitled to when her husband dies?

If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.

How do I get the $16728 Social Security bonus?

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.

What are the three ways you can lose your Social Security?

Indeed, here are three ways you can lose at least part of your Social Security benefit.
  • No. 1: Keep working while taking benefits early. ...
  • No. 2: Be a substantially lower-earning spouse. ...
  • No. 3: Be alive in 2034. ...
  • Social Security still provides an important foundation for retirement.

What is the new rule for Social Security in 2024?

Key Features of the New Rule

Starting September 30, 2024, anyone who has not previously registered with us and who wants to be appointed as a representative must register with us using the Form SSA-1699 before we will recognize a new appointment request.

What is the loophole for Social Security spousal benefits?

The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.

What is a wife entitled to after 10 years of marriage?

In some states, such as California, in a marriage of ten years or longer, the court retains the right to order that alimony is paid to the lesser-earning spouse for as long as she needs it if the other spouse has the ability to pay.

What is the 10 year marriage rule for Social Security?

If you are divorced you could potentially still receive spousal benefits, but there are rules that apply. For starters, you must have been married for 10 or more years and you can't be remarried.

Does my wife get Social Security if she never worked?

A wife with no work record or low benefit entitlement on her own work record is eligible for between one-third and one-half of her spouse's Social Security benefit.

What not to do when your spouse dies?

Top 10 Things Not to Do When Someone Dies
  1. 1 – DO NOT tell their bank. ...
  2. 2 – DO NOT wait to call Social Security. ...
  3. 3 – DO NOT wait to call their Pension. ...
  4. 4 – DO NOT tell the utility companies. ...
  5. 5 – DO NOT give away or promise any items to loved ones. ...
  6. 6 – DO NOT sell any of their personal assets. ...
  7. 7 – DO NOT drive their vehicles.

When my husband dies, do I get his Social Security and mine?

The result is that only one Social Security monthly retirement benefit will be paid to the surviving spouse. That monthly retirement benefit check will be equal to the higher of: (1) The deceased spouse's Social Security monthly retirement benefit; or (2) The surviving spouse's own monthly retirement benefit.

Can I access my husband's bank account when he dies?

It's illegal to take money from a bank account belonging to someone who has died. This is the case even if you hold power of attorney for them and had been able to access the accounts when they were alive. The power of attorney comes to an end when a person dies.

What is the 10 year rule for Social Security?

Although you need at least 10 years of work (40 credits) to qualify for Social Security retirement benefits, we base the amount of your benefit on your highest 35 years of earnings.

How much does a wife get of her husband's Social Security if he dies?

Spouses and ex-spouses

Payments start at 71.5% of your spouse's benefit and increase the longer you wait to apply. For example, you might get: Over 75% at age 61.

What benefits will I lose if I get married?

If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.

What is the widow's exemption for wife?

A widow(er)'s exemption refers to a reduction of tax burdens on a taxpayer following the death of a spouse. State laws vary but generally allow for a reduction in taxes for a surviving spouse for a certain period.

What is the widow remarriage bill?

The Hindu Widows' Remarriage Act 1856, also Act XV, 1856, passed on 16 July 1856, legalised the remarriage of widows in all jurisdictions of India under East India Company rule. The law was enacted on 26 July 1856.

How much do you get for widows pay?

Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.