Can I choose between ex-spouse or current spouse Social Security survivor benefits if widowed?

You actually CAN choose in this situation! When you're eligible for survivor benefits from multiple sources (ex-spouse of 10+ years or current spouse), Social Security will pay whichever provides the HIGHER benefit. You're not locked into just the current marriage. The key requirements are: 1) You must be at least 60 (50 if disabled) to collect either survivor benefit, 2) The marriage to your ex lasted at least 10 years, and 3) You don't lose ex-spouse benefits by remarrying AFTER age 60. Keep in mind survivor benefits are 100% of what the deceased was getting (or eligible for) if you wait until your Full Retirement Age to claim them.

wrong info above!!! you CAN'T collect on both at same time! my sister tried this and SSA told her she had to pick ONE. she was married 15 yrs to first husband and 20 to second who died. they made her choose the higher one only. don't get your hopes up!!

I went through this exact thing 2 years ago. It works like this - when you apply for survivor benefits, SSA looks at ALL possible benefits you qualify for and pays the highest one. But definitely mention both marriages on your application so they know to check both records. In my case, my second husband's benefit was $300 more per month than my ex's would have been, so that's what I got. And yes, you have to be at least 60 (unless disabled).

I'm going through the EXACT SAME THING right now!!! Been waiting 3 months to talk to someone at SSA about this. Keep getting busy signals or disconnected when I call. So frustrating!!! I have an appt at my local office but it's not until JULY!! Why is it so impossible to reach these people???

The previous responses are mostly correct, but there's one important detail missing. When you reach age 60, you'll be eligible for reduced survivor benefits from either your current husband or ex-husband (if either has passed away). You'll get the higher of the two. HOWEVER - if your current husband is still alive when you reach age 62, you'll also have the option to claim a spousal benefit based on his record (50% of his FRA benefit) OR your own retirement benefit. If your ex-husband is alive, you could also claim a divorced spouse benefit based on his record. This creates several possible scenarios depending on who is living/deceased when you reach claiming age. The key is that the SSA will pay you the highest benefit you're eligible for at that time. If circumstances change (like if your current husband passes away later), you can switch to a higher benefit if one becomes available.

One thing nobody mentioned is that taking ANY Social Security benefit before your Full Retirement Age (FRA) reduces the amount permanently. Survivor benefits are reduced if claimed between 60-FRA. So while you CAN take the higher of the two survivor benefits, waiting until your FRA (probably 67 in your case) means getting 100% of the deceased's benefit instead of a reduced percentage. Unless you absolutely need the money at 60, consider waiting if you can.

I just want to add that your self-employment income DOES count toward your own benefit, as long as you paid self-employment taxes. My mom was self-employed for years and was surprised that her benefit was higher than expected because they counted all those years. So don't assume your benefit will necessarily be tiny compared to your husbands'. Check your earnings record on my Social Security account to see what you've accumulated.

my neighbor got widow benefits from her first husband even tho she was married to second husband when she applied!!! BUT!!!! she had to wait until she was 60 and the first husband had higher earnings. so YES you can pick but only if ur 60+ and you get the higher one only!!

To answer your follow-up question about the application process - yes, you should bring marriage certificates for both marriages, as well as your divorce decree from the first marriage. Death certificate(s) for any deceased spouse will also be needed. While you can start the survivor application online, complex situations like yours usually require finishing the process with a phone or in-person interview. Make sure to explicitly mention both marriages during your application so they check both records. And as others have mentioned, think carefully about WHEN you claim - the difference between claiming at 60 versus your Full Retirement Age can be substantial.

Great question! I work as a benefits counselor and see this situation fairly often. You're absolutely right to plan ahead. The good news is that you DO have options when the time comes. Social Security will indeed pay you the highest survivor benefit you qualify for, whether that's from your ex-husband (10+ year marriage) or current husband. A few additional tips: 1) Keep good records of both marriages and your divorce decree, 2) Consider creating a my Social Security account now to track your own earnings record - it might be higher than you think with all those self-employment years, 3) Remember that remarrying after age 60 doesn't affect your ability to claim ex-spouse survivor benefits. The timing of when to claim is crucial too - survivor benefits can start as early as 60 but are reduced until your Full Retirement Age (likely 67 for you). Sometimes it makes sense to claim a reduced survivor benefit first, then switch to your own higher retirement benefit later if it grows to exceed the survivor amount. Definitely worth getting a personalized estimate from SSA when you're closer to 60!

As someone who's been through the SSA maze myself, I can confirm what others have said - you absolutely CAN choose the higher survivor benefit between your ex-husband and current husband when the time comes. The 10+ year marriage rule for your first marriage is key here, and since you were married almost 12 years, you're covered. One thing I'd add that hasn't been mentioned much is to keep detailed records of BOTH spouses' work histories if possible. When I applied, having information about approximate earnings helped the SSA representative give me a better estimate during my appointment. Also, don't forget that if you're still working when you start collecting survivor benefits before your Full Retirement Age, there are earnings limits that could reduce your benefits temporarily. The strategy that @Zara Khan mentioned about potentially taking a reduced survivor benefit first and switching later is really smart - it's called "claim and switch" and can maximize your lifetime benefits in some situations. Definitely worth exploring with a benefits counselor when you get closer to 60!