^^ SSA.gov

The benefit is half of the spouse’s benefit while the spouse is alive and then the full amount to the survivor after the spouse dies. Same for ex-spouses. SAS.gov and AARP have very good explanations.

The benefit is half.

Anonymous wrote:

Anonymous wrote:I would check on whether she can claim a common law marriage after he dies. This happened with the dad of a friend of mine, and the partner ended up getting a large portion of the estate, even though that is not what the dad wanted to happen.

That sounds wild but fortunately, we are not in a state that recognizes common law marriage.

There are some very specific situations where a common law marriage can be declared even in states that don’t recognize them. It’s worth it to talk to a lawyer to make sure.

Maybe she can (alternatively) claim on her prior husband’s record?

Anonymous wrote:I would check on whether she can claim a common law marriage after he dies. This happened with the dad of a friend of mine, and the partner ended up getting a large portion of the estate, even though that is not what the dad wanted to happen.

That sounds wild but fortunately, we are not in a state that recognizes common law marriage.

I would check on whether she can claim a common law marriage after he dies. This happened with the dad of a friend of mine, and the partner ended up getting a large portion of the estate, even though that is not what the dad wanted to happen.

Why would your DH want to mess with his inhertence? How many other children does your FIL have? What about the "MIL"?

It's one year for Social Security spousal survivor benefits, see https://www.ssa.gov/OP_Home/cfr20/404/404-0330.htm (10 years is for divorced spouses)
There are certain situations where it can be even less than a year, see https://www.ssa.gov/OP_Home/cfr20/404/404-0335.htm and https://secure.ssa.gov/poms.nsf/lnx/0200305100 but they are not likely to apply to OP's dad's situation.

Other factors to consider for Social Security:
* is there common law marriage where they live? if so, do they have one?
* is half of his benefit bigger than hers?
* how old are they? when did they claim retirement benefits/
* was she married before? how long did it last? is she eligible for benefits on her ex's record and is that more or less than she'd get from this man?
* are there any minor children or adult disabled children?

Inheritance is a separate issue and state laws vary. If there's enough money to care about, then there's enough money to pay a lawyer for good advice. Other things to talk with a lawyer about could be medical and financial powers of attorney (who makes the decisions if FIL is incapacitated?), living will (what does FIL want if terminally/critically ill?), and Medicaid eligibility.

Anonymous wrote:You don't get to collect your spouse's and your own. Just the higher of the two. Is the difference worth the risks of marriage? Major implications for Medicaid, inheritance, and more. It's a really dumb idea.

+100 Do you know how much each is collecting in SS, and if this will benefit the survivor? Good chance is that it won't. And there are SO MANY OTHER RAMIFICATIONS - this is not something to go into unconsidered.