Q: If you get married in Kentucky, and that person passes are you entitled to their social security?
Or is there a waiting period? Like you have to have been married for 10+years to get their social security?
A:
You aren't entitled to "their" social security but you may be entitled to "your" social security survivor benefits based on your spouse's work record if you were married at the time of death and are at least 60 years of age.
The 10+ years is related to the right of a former spouse to receive social security survivor benefits. If you were married to the deceased person for at least ten years but were divorced before their death, you may be entitled to "your" social security survivor benefits based on your former spouse's work record if you are at least 60 years of age even though you weren't married at the time of death.
A:
While the question relates to Kentucky, the rules for Social Security survivor benefits are federal and apply across the United States. Generally, you may be eligible for survivor benefits if you were married to the deceased person for at least nine months at the time of their death. There are exceptions to this rule, such as accidental death, which might allow for benefits without meeting the nine-month marriage requirement.
Sincerely,
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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