Detroit, MI asked in Social Security for Kentucky

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?

Related Topics:
2 Lawyer Answers

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.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Social Security Disability Lawyer
  • Sacramento, CA

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.


James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.