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Posted Jan 24th, 2012
I am on SSD. I have been legally separated from my husband since 2010. we were only together seven
months. Can he take my survivor benefits?

Additional Details:
In the event that I die? This man would not deserve it at all.
Legal Topic Area: Family Law in MI | 2 Answers

1st Answer

In a 7 month marriages the courts will generally put you back in the position that you were in before the marriage. Your benefits should be safe. Good luck to you.

Henry Gornbein


Answered on Jan 24th, 2012 at 7:49pm


Other Answers

If you are divorced then no he would not be entitled to any survivor benefits. If you are still married then I think he could still get them, unless you have a Separate Maintenance Agreement (there is no such thing as "legal separation" in MI) that says he is not entitled to them in the event of your death. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Good luck to you.


Answered on Jan 26th, 2012 at 12:47pm