Can I claim Social Security benefits from ex-husband if he passes away while remarried? First vs current spouse rights

To clarify the rules about ex-spouse benefits: If your ex-husband passes away, you generally wouldn't qualify for his survivor benefits because you're currently married. SSA rules state that if you remarry after age 60, you can still collect survivor benefits from a deceased ex-spouse, but remarriage before 60 typically ends eligibility. For divorced spouse benefits (while ex is living), you need to: - Have been married at least 10 years - Be currently unmarried - Be at least 62 years old For survivor benefits (after ex passes), you need: - Have been married at least 10 years - Either be unmarried OR have remarried after age 60 Your first marriage meets the 10-year requirement, but since you're currently married, you wouldn't qualify unless your current marriage occurred after you turned 60. Similarly, your husband's ex-wife could only claim his benefits if she remains unmarried OR remarries after 60. Benefit amounts would be based on your ex's earnings record and when benefits begin.

my sister went thru this last yr... her ex died & they were married 22 yrs but she remarried at 52 so she got NOTHING! doesnt matter if shes the 1st wife or 10th wife, SSA only cares if ur remarried b4 60. seems unfair cuz they were married so long but thats how it works. his new wife of only 5 yrs got all the survivor $$.

I had a similar situation and spent WEEKS trying to get through to Social Security for clarification. I'd recommend using Claimyr (claimyr.com) to reach a live SSA agent without the endless hold times. I was able to get detailed answers about my ex-spouse benefit questions in one call. They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU - saved me so much frustration when I needed to understand my options after my ex passed away last year. The agent was able to look at my specific record and explain exactly what I qualified for.

The most important factor here is YOUR AGE at remarriage, not whether you're the first or current spouse. Here's the breakdown: 1. If you remarry BEFORE age 60: You generally CANNOT receive survivor benefits from a deceased ex-spouse while married 2. If you remarry AFTER age 60: You CAN receive survivor benefits based on your deceased ex-spouse's record Since you remarried last year and (I'm assuming) you're under 60, you wouldn't be eligible for survivor benefits from your first ex-husband if he passes away while you're still married. Also, there's a difference between SPOUSAL benefits (when ex is alive) and SURVIVOR benefits (when ex has passed). The remarriage rules are different for each! For your husband's ex-wife: Same rules apply. If she remarried before 60, she cannot claim his survivor benefits while she remains married. But if she's unmarried when he passes OR she remarried after 60, she could potentially claim.

To address the follow-up question about divorce from a current spouse: Yes, if you were to divorce your current husband, you would potentially become eligible for survivor benefits from your deceased ex-spouse, assuming you meet the other criteria (10+ year marriage, appropriate age requirements, etc.). The remarriage rule specifically disqualifies you while you remain married if the remarriage occurred before age 60. If that marriage ends (through divorce or death), your eligibility for benefits from a prior deceased spouse can be reinstated. These rules exist because Social Security survivor benefits are designed to provide financial support to dependents who have lost income due to a worker's death. When you remarry before 60, the assumption is that you have a new spouse providing financial support.

Thank you everyone for all these detailed explanations! I think I understand now - since I remarried before turning 60, I wouldn't be eligible for my first ex-husband's survivor benefits while I'm still married to my current husband. And same rule applies to my husband's ex-wife regarding his benefits. It's interesting that if I were to get divorced again (not planning on it!), I could potentially be eligible again. The Social Security system is way more complicated than I initially thought! This has been really helpful in understanding how everything works. I'm glad I asked because I had completely misunderstood how the "first wife" rules worked - it's not about being the first wife at all, but about the length of the marriage and your marital status when applying for benefits.

My aunt tried to get benefits from her first husband (married 12 yrs) after he died last year but they told her no because she remarried when she was 45. She was SO MAD because they were married way longer than his second wife (only 5 yrs) but the second wife got all the survivor benefits!! Is that really how it works??

One thing nobody's mentioned yet - you should check your own earnings record compared to your exes. Sometimes your own Social Security retirement benefit is actually higher than what you'd get as a survivor benefit. If you've worked consistently and had decent earnings, you might be better off claiming your own benefit anyway. You can create an account at ssa.gov and see your estimated benefits based on your own work record. That might give you some peace of mind regardless of these ex-spouse rules!