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Survivors benefits for Social Security how much and when can you apply?
I'm asking this on behalf of my sister-in-law. She was "forced" married 30 years ago and ran away from her very abusive husband who would have rather her dead than give her a divorce. The man came from a well-do-family financially but all she wanted was her freedom.
We heard he died 5 years ago and she finally feels safe enough to come out of hiding even though his sisters still try to intimidate her since they are all in law enforcement.
She needs to know if she can collect survivor benefits since he would never divorce her. I think she deserves it and the children who are adults now and know the truth support her.
Does anyone know how much and at what age? The SS Guide says she can but how much? She is 53 year old now and has worked low paying jobs even though she had an education but was afraid to reveal who she really was?
Judith thank you for answering this question for us. My in-law hated this man so much that her worst hurdle will be to admit she was married to him. We just found out that a lady that was living with him is collecting his veteran benefits and since he was a cop she is collecting his pension. She also getting something from SS so this order is becoming complicated.
2 Answers
- ?Lv 78 years agoFavorite Answer
If they were married more than 10 years, if she is 60, if she has minor children, if she re-married, if he re-married, these are all issues to be factored into the answer. The benefits are death, not survivor, benefits. Survivor benefits are for minor children. If he worked over 10 years and paid into Social Security, there may be a benefit, depending on the other issues.
A live-in companion cannot claim Social Security death benefits. Here is a weblink from Social Security.
Source(s): http://www.socialsecurity.gov/survivorplan/onyouro... http://www.socialsecurity.gov/survivorplan/ifyou2.... - JudithLv 78 years ago
Widows benefits can be paid as early as age 60 if she doesn't remarry before age 60. Social Security doesn't give two hoots and a holler as to how happy or unhappy a marriage was. A person either meets the requirements or they don't. Even if he did divorce her she would be entitled to a benefit if they had been married for ten years.
The benefit amount is determined by how much he paid into the social security program and how old she is when she begins receiving the benefit. She can apply 3 months before becoming age 60.
Since someone is now collecting widow's benefits it is obvious that he divorced her. She needs to get the divorce certificate. If they weren't married for 10 years then she won't be entitled to a widow's benefit when she is age 60. If they were married for at least 10 years then she would collect a benefit even if there is another person also receiving a widow's benefit.
A word of caution - if he was a cop it is possible he didn't pay into the social security program when he worked. Not all government employees are covered by social security. If the cops in his city are exempt from social security taxes then that would mean that there are no social security benefits to be paid. You need to find out by calling the police's personnel department in the city in which he worked if they pay social security taxes or not. If they don't then you would need to find out if she would be entitled to benefits from them because she wouldn't be entitled to anything from social security.
Source(s): I was a social security claims rep for 32 years.
