[speedball1]

Hi guys,
Sat two people ,both over 65 get married. How long, by either Florida or Federal
Law. Must they be married before one can collect the others Social Security if one dies? I've heard 9 months and I'
I've heard 10 years. What's the correct amoumt of time? Thanks,
For those of you that know me,
Yeah! I'm thinking of making my roomie a honest woman after 18 years.
Thanks again. Tom aka "The Speedster"

[JudyKayTee]

Direct from the SS site (it's Fed law, State doesn't matter). Much doesn't apply to you but it'll give you something to read when work is slow: "Generally, a person can qualify for widow's or widower's benefits if he or she was married to the deceased worker for at least nine months just before the worker died. However, you do not need to be married to the worker for any specific length of time if:
•You are the mother or father of the worker's biological child;
•You legally adopted the worker's child while you were married to him or her and before the child attained age 18;
•You are the parent of a child who was legally adopted by the worker while you and the worker were married and before the child attained age 18;
•You and the worker were married and both of you legally adopted a child under age 18;
•You were entitled or potentially entitled to spouse's, widow(er)'s, parent's benefits or to childhood disability benefits on the record of a fully insured individual in the month before the month you married the deceased worker;
•You were entitled or potentially entitled to a widow(er)'s, child's (age 18 or over) or parent's insurance annuity under the Railroad Retirement Act (RRA) in the month before you married the deceased worker;
•The worker was married previously to an institutionalized spouse, but was not allowed to divorce him or her under state law. After the spouse died, he or she married you within 60 days;
•You were married to the worker at the time of his or her death, you had been married to and divorced from him or her before, and the previous marriage lasted nine months;
•The worker's death occurred in the line of duty while he or she was a member of a uniformed service serving on active duty; or
•The worker's death was accidental. (Note: The worker's death is considered "accidental" only if he or she received bodily injuries through violent, external and accidental means and, as a direct result of the bodily injuries and independent of all other causes, died within three months after the day he or she received the injuries.)

If the worker could not reasonably have been expected to live for nine months at the time you married him or her, then you cannot qualify for benefits under the last three conditions."

CONGRATULATIONS to your roomie! (I don't think you congratulate the man.)

[ebaines]

You must be married 9 months to receive survivor's benefits based on your spouse's record. There are a few exceptions - see: Marriage requirement to receive survivors benefits

**EDIT - oops, I see JudyKayTee beat me to it! **

I think the ten year figure is from someone confusing the rules for divorced people - to qualify for benefits after divorce based on the record of the former spouse you must have been married at least ten years.

[speedball1]

Thanks guys! You've just ended 35 years of bachelorhood. Sharon and I have been hooked up since 1994. We don't fight or quibble, we are just like as old married couple. It's the best relationship I've ever had and I just wanted her to have a income if anything happened to me . Thanks Judy and ebanies I'll save you a took on the "wedding joint"!

[JudyKayTee]

I'm really happy for you - I really am. She's a lucky lady. A LOT of men wouldn't be so thoughtful.

Men don't get involved with details. Women do. She's got to share with us.

[speedball1]

Thanks Judy,
I guess I'm old school when it comes to women. I realize that times are hard but I would never ask a woman to pay rent and utilities. Especially if we share a bed. The way I figure it is that if you can't afford to keep a woman then you don't deserve one. I may get a load of flack back from guys but that's my personal feeling. Cheers, Tom

[ebaines]

speedball1 - congrats, and best of luck! I would point out that there are some other good reasons to get hitched besides the social security advantage. For example, if you're not maried:

- You can't make emergency medical decisions on each other's behalf (unless you have a living will that specifically gives each other the right to do so),
- You can't file taxes as Married Filing Jointly, which would save you a significant amount over each of you filing as single, and
- You won't inherit each others property (unless it's specified in your will).

Speaking of wills - if you haven't done so I would strongly suggest that given your impending change in marital status you both review your wills, living wills, and establish power-of-attorney documents (just in case). Also check the beneficiary designations for your IRA, 401(k), other "payable on death" accounts, and any life insurance policies you may have.

[speedball1]

Hi ebaines and thanks for the information, Sharon and I filed "crossfired " wills years ago giving Medical Power of Attorney to each other. Everything else is taken care of. Marriage was the last duck I had to get in a row. With this action I've done all I can do. Thanks again. Tom