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Jasmine Quinn

Can I choose which deceased husband's Social Security survivor benefits to claim at 60?

I've got a complicated situation and need help understanding my widow benefit options. I was married to my first husband for 32 years before he passed away in 2019. Then I remarried in 2022, but tragically my second husband died after only 22 days of marriage due to a sudden heart attack. I'm currently 58 and trying to plan ahead. When I turn 60, would I be eligible for survivor benefits from both marriages? Can I choose which deceased husband's record to claim from based on which one would give me higher benefits? My first husband had a much longer work history, but my second husband earned a significantly higher salary throughout his career. I'm so confused about how this works with two deceased spouses and which option would be better financially.

Yes, you can choose which deceased spouse's record to collect survivor benefits from when you turn 60. The key factor is that both marriages meet the duration requirements for eligibility. For survivor benefits, you generally need to have been married for at least 9 months (with some exceptions like accidental death). Since your first marriage was 32 years, that clearly qualifies. Your second marriage of 22 days would normally not qualify unless there's an exception that applies (like accidental death or military service death). Assuming both marriages qualify, you should compare the benefit amounts from each deceased spouse's record. The higher earner would likely provide you with a larger survivor benefit. Remember that taking survivor benefits at 60 means a reduction - you'll get only about 71.5% of the full survivor benefit you would get at your full retirement age.

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Thank you for explaining this! So if I understand correctly, I probably won't qualify for survivor benefits from my second husband since we were only married 22 days, even though he was the higher earner? That's disappointing, but at least I have options with my first husband's record. Do you know if there are ANY exceptions to the 9-month rule that might apply? His death wasn't accidental - it was a heart attack, though it was definitely unexpected.

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Wait I thought u only need to be married 9 months for widow benefits?? My aunt got benefits from her 2nd husband who died after 10 months of marriage. Did the rules change??

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You're correct about the 9-month marriage requirement for survivor benefits in most cases. The original poster's first marriage (32 years) definitely qualifies, but the second marriage (22 days) falls well short of the 9-month requirement unless a specific exception applies. The rules haven't changed - there are just certain exceptions to the 9-month rule for accidental deaths, military service deaths, and a few other specific situations.

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I went through something similar but with only one deceased spouse. When I called SSA to discuss my options, I was on hold for almost 2 HOURS and then got disconnected! After three more attempts with the same result, I found a service called Claimyr that got me connected to an SSA agent in under 20 minutes. They basically call SSA for you and hold your place in line, then call you when an agent is available. You can see how it works here: https://youtu.be/Z-BRbJw3puU or go to claimyr.com. Saved me so much frustration when I was trying to understand my survivor benefit options.

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Thank you for this suggestion! I've been dreading making that call because everyone tells me how impossible it is to get through. I'll definitely check out that service when I'm ready to apply. Did you find the SSA agent helpful once you got connected?

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This is EXACTLY why the Social Security system is so frustrating!!! The arbitrary 9-month rule is ridiculous - your second husband paid into the system his ENTIRE WORKING LIFE but because you were only married 22 days (through no fault of your own!!), you can't access those benefits??? It's THEFT of his contributions as far as I'm concerned. Call your congressional representative and complain about this injustice. The whole system needs an overhaul.

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Agree 100%! My neighbor lost her husband after only 3 months of marriage and she couldn't get a dime of his SS. Meanwhile they had been together for 12 years before getting married! The whole system is outdated.

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Since your second marriage doesn't meet the 9-month duration requirement, you'll only be eligible for survivor benefits from your first husband unless an exception applies. However, here's something important to consider: If you wait until your Full Retirement Age (probably 67 if you're currently 58), you could apply for your own retirement benefits if they're higher than your survivor benefits from your first husband. Another strategy to consider: You could take reduced survivor benefits at 60 based on your first husband's record, then switch to your own retirement benefits at 70 if they would be higher. This would allow your own retirement benefit to grow with delayed retirement credits. I'd recommend creating a my Social Security account at ssa.gov to see estimates of all your potential benefits before making any decisions.

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That's really helpful advice about possibly switching between benefits. I hadn't thought about taking survivor benefits first and then switching to my own later. I do have a my Social Security account but wasn't sure how to compare these different options. I'll definitely look into this strategy more!

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sorry but quick question - does remarrying affect widow benefits? my mom is widowed and thinking about getting remarried but worried about losing her checks

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Yes, remarriage can affect widow benefits. If you remarry before age 60, you generally cannot receive widow's benefits on your former spouse's record unless the later marriage ends. If you remarry after age 60, you can still collect survivor benefits from your deceased spouse. Your mom should definitely contact SSA directly about her specific situation before making any decisions.

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My condolences on your losses. I went thru something similar. My first husband passed after 18 yrs of marriage then my second after only 8 months. I was able to collect on my first husband bc the second marriage didn't meet requirements. When I applied they told me I needed death certificates for both husbands even tho I only qualified on the first one's record. Make sure you have all documentation ready when you apply to avoid delays. Good luck!

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Thank you for sharing your experience and for the tip about needing both death certificates. I'll make sure to have all documentation ready. Did you end up applying at 60 or did you wait until later?

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To address your question about exceptions to the 9-month marriage rule: There are specific exceptions, but unfortunately, a natural death from heart attack typically wouldn't qualify. The main exceptions are: 1. Death was accidental 2. Death occurred in the line of duty as an active member of the uniformed services 3. You had a previous marriage to the same person that would satisfy the 9-month requirement 4. You were previously eligible for certain benefits on the deceased's record However, it's always worth discussing your specific case with SSA. Sometimes there are nuances to individual situations that might affect eligibility. This is definitely a conversation worth having directly with a Social Security representative.

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Thank you for listing out the exceptions so clearly. Based on what you've shared, it sounds like I probably won't qualify for benefits from my second husband's record. I appreciate your honesty - at least now I can focus on understanding my options with my first husband's benefits and my own record.

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my sister took widow benefits at 60 and the amount was pretty small just fyi. if u can wait till ur full retirement age u get alot more. but i guess it depends on ur financial situation if u need the money now or can wait

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That's good to know about the reduction. I'm still working part-time and have some savings, so I might be able to wait longer than 60. I need to figure out what the actual dollar difference would be to make an informed decision. Thank you for sharing your sister's experience!

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I'm sorry for your losses, Jasmine. What a difficult situation to navigate while grieving. Based on what others have shared, it sounds like you'll likely only qualify for survivor benefits from your first husband's record due to the 9-month marriage requirement. One thing I'd suggest is requesting benefit estimates from SSA for all your options - survivor benefits from your first husband at different ages (60, full retirement age) and your own retirement benefits at different claiming ages. This will help you see the actual dollar amounts and make the best financial decision. Also, don't forget about the earnings test if you're still working when you claim survivor benefits before full retirement age. If you earn over certain limits, it could temporarily reduce your benefits. Since you mentioned working part-time, this might be worth factoring into your timing decision. Have you considered speaking with a financial advisor who specializes in Social Security strategies? They might be able to help you model different scenarios based on your specific financial situation.

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This is excellent advice, Isabella! I really appreciate the suggestion about getting benefit estimates for all my options - having the actual dollar amounts will definitely help me make a more informed decision. I hadn't thought about the earnings test either, so thank you for mentioning that. I do work part-time and wasn't sure how that might affect things. A financial advisor who specializes in Social Security sounds like a great idea too. Do you happen to know if there are any specific credentials I should look for when choosing someone? I want to make sure I'm getting advice from someone who really understands all these complex rules.

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I'm so sorry for your losses, Jasmine. Losing two spouses is incredibly difficult, and navigating the Social Security system on top of that grief must be overwhelming. From what I've learned through my own experience and research, the 9-month marriage rule is unfortunately pretty strict. Your first marriage of 32 years definitely qualifies you for survivor benefits, but the 22-day second marriage likely won't unless there's a very specific exception (which doesn't seem to apply based on what you've shared). Here's what I'd recommend: Call SSA or use that Claimyr service someone mentioned to get official confirmation about your eligibility from both marriages. Even though it seems unlikely for the second marriage, it's worth having SSA review your specific case. Also, consider this timing strategy: You could file a restricted application for just survivor benefits at 60 (reduced to about 71.5% of full benefit), continue working if you want, and let your own retirement benefits grow until age 70 with delayed retirement credits. Then you could switch to your own benefits if they end up being higher. The key is getting those benefit estimates from SSA for all scenarios so you can see the actual numbers and make the best choice for your financial future.

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Thank you Keisha for such a thoughtful and comprehensive response. Your suggestion about the restricted application strategy is really helpful - I hadn't fully understood how I could take survivor benefits at 60 while letting my own benefits grow until 70. That sounds like it could potentially maximize my overall lifetime benefits. I appreciate you acknowledging how overwhelming this all feels while grieving. It's comforting to know others have navigated similar situations. I think my next step will be to use that Claimyr service to get through to SSA and get official confirmation about my eligibility, then request those benefit estimates for all the different scenarios you mentioned. Having the actual numbers will definitely help me make the best decision.

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I'm so sorry for your losses, Jasmine. What an incredibly difficult situation to navigate on top of your grief. Based on the discussion here, it looks like you'll likely only qualify for survivor benefits from your first husband due to the 9-month marriage requirement. However, I wanted to add one important point that I don't think has been fully addressed: make sure to also consider your own work record in this equation. Since you're 58 now, you have potentially 9 more years to build your own Social Security credits before full retirement age. If you're still working part-time, those earnings could potentially increase your own future retirement benefit. Sometimes people get so focused on survivor benefits that they overlook optimizing their own record. The strategy several others mentioned - taking reduced survivor benefits at 60 while letting your own benefits grow with delayed retirement credits until 70 - could be really powerful if your own benefit would eventually exceed the survivor benefit. I'd also suggest when you do contact SSA (whether directly or through that Claimyr service), ask specifically about "deemed filing" rules and how they might affect your ability to switch between benefit types later. The rules can be complex, and you want to make sure you understand all your options before making any filing decisions.

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Sara, this is such valuable advice about not overlooking my own work record! You're absolutely right that I should consider how continuing to work part-time for the next 9 years could potentially boost my own Social Security benefits. I've been so focused on the survivor benefit options that I hadn't fully thought through how my own earnings history factors into the overall strategy. The point about "deemed filing" rules is really important too - I definitely want to understand all the restrictions before I make any decisions that might limit my options later. Thank you for bringing up these additional considerations that could really impact my long-term financial security!

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