Legal Question in Social Security Law in California

Spouse Benefits

I was married for 28 years and divorsed 10 years ago. Neither my spouse nor I have remarried. When he dies can I collect on his social security?


Asked on 10/21/07, 2:24 am

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Spouse Benefits

Hello!

Under current SS rules, a spouse may "collect" on another spouse's account if:

First spouse has attained retirement age, and 2nd spouse has attained retirement age, or if, in your case, you have reached 62 and choose to take early benefits at a reduced rate and then collect a higher amount when you reach 66.

If you hve not attained the earnings minimum, you can only collect on your husband's account.

The "marital rule" has been reached by you, 10 years of continious marriage to the same spouse.

I hope this has been helpful.

Regards,

Mark Geyer

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Answered on 10/22/07, 9:48 am


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