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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.

Oscar Murphy

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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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Jasmine Quinn

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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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Nora Bennett

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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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Oscar Murphy

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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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Ryan Andre

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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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Jasmine Quinn

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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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Lauren Zeb

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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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Aurora Lacasse

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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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Jasmine Quinn

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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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Nora Bennett

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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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Oscar Murphy

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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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Anthony Young

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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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Jasmine Quinn

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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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Oscar Murphy

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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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Jasmine Quinn

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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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Jasmine Quinn

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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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