My mother passed away and her husband of less than 5 years recieved her Social Security. is that legal?

Question

Chicago, IL asked on May 26, 2024 in Family Law and Social Security for Michigan

James L. Arrasmith · Answer

I'm sorry for your loss. The legality of a surviving spouse receiving Social Security benefits depends on several factors. Here's some general information, but please note that individual circumstances may vary: 
 
1. Marriage duration: If your mother was married to her husband for at least 9 months before her death, he might be eligible for survivor benefits. However, there are some exceptions to this rule. 
 
2. Age of the surviving spouse: The surviving spouse must be at least 60 years old (50 if disabled) to receive survivor benefits. If they are caring for a child under 16 or a disabled child, there is no age requirement. 
 
3. Surviving spouse's own benefit: If the surviving spouse is eligible for their own Social Security retirement benefit, and it's higher than the survivor benefit, they will receive their own benefit instead. 
 
4. Remarriage: If the surviving spouse remarries before age 60 (50 if disabled), they generally cannot collect survivor benefits. Remarriage after 60 (50 if disabled) does not prevent them from receiving survivor benefits. 
 
It is best to contact the Social Security Administration directly to discuss the specific details of your mother's situation and to determine whether her husband is legally entitled to receive her Social Security benefits. They will be able to provide more personalized guidance based on the circumstances.

Q: My mother passed away and her husband of less than 5 years recieved her Social Security. is that legal?