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If You're Legally Separated From Your Spouse When They Die Are You Still Allowed To Collect Survivor Benefits?
If you are legally separated from your spouse for more than 20 years due to domestic violence are you allowed to collect survivors benefits....when they die??
Hi. Yes. A legal separation wouldn't have any adverse effect on a person's eligibility for widow(er) benefits, provided that the marriage is still legally in effect at the time one of the members of the couple die. However, a legally separated spouse wouldn't qualify for the one time death benefit of $255 that's paid to spouse's who were living together with the deceased.
Best, Jerry
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November 12, 2021