Am I eligible for SS benefits as my husband’s widow if we were married over 11 years but not currently living together at the time of his death?

We didn’t have any legal separation or anything at that time. We were in the process of surrendering our home and filed for bankruptcy. I took our 2 kids and moved into a townhome. He was in the same townhome complex when he shot me and then turned the gun on himself. I had filed for a divorce at the time; he died just days later (over 2 years ago). There was no papers turned into the courts other than the 1st step of the divorce process. My children are receiving SS survivor benefits/

Asked on May 25, 2012 under Family Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry fornthe situation but thankfully you were not hurt and the children are safe.  If you were never legally divorced - and I am assuming that the case went abandoned or withdrawn - then you may in fact be able to collect survivor benefits.  I would hurry about looking in to it given the time frame that has passed.  Good luck.

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