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!

This is such a helpful thread! I'm in a somewhat similar situation - divorced after 13 years, currently unmarried but considering remarriage. Reading through all these responses, it sounds like the key takeaway is that magic age 60 number for remarriage. One question I haven't seen addressed: what if you're already receiving divorced spouse benefits (while your ex is still alive) and then you remarry before 60? Do those benefits stop immediately, or is there any grace period? I'm trying to plan my timing carefully since I'm only 58 right now. Also, does anyone know if there are different rules for federal employees or military? My ex was career military and I've heard the military survivor benefits (SBP) have different rules than regular Social Security.

Great questions! To answer your first question - yes, divorced spouse benefits stop immediately when you remarry, regardless of your age. There's no grace period unfortunately. So if you're currently receiving benefits on your ex's record and remarry before 60, those payments will end with your marriage. However, the good news is that if you remarry after 60, you can continue receiving those divorced spouse benefits even while married (though you'd need to compare that to any spousal benefits you might be eligible for based on your new husband's record). Regarding military benefits - you're absolutely right that military Survivor Benefit Plan (SBP) has completely different rules than Social Security! SBP benefits can be lost permanently if you remarry before age 55, and there's no "getting them back" even if that marriage ends. But your ex would have had to specifically elect SBP coverage for you during the divorce, and you'd know if you were receiving those payments. For Social Security purposes, your ex's military service is treated the same as any other employment - the same 10-year marriage rule and age-60 remarriage rule apply. So you'd potentially have both Social Security survivor benefits AND military SBP if he elected coverage (though SBP would stop if you remarry before 55). Since you're 58, waiting until 60 to remarry would preserve your Social Security options!

Yes, you can definitely get written confirmation from SSA! I'd recommend requesting a detailed benefit estimate in writing. You can either visit your local SSA office or call them (though as others mentioned, Claimyr might help you get through faster). When you speak with them, ask specifically for: 1. Your current divorced spouse benefit amount 2. What would happen to those benefits if you remarry before vs after age 60 3. Your estimated retirement benefit on your own record 4. Any potential survivor benefits you might be eligible for They can run scenarios and provide written documentation. Also, since you mentioned your ex was military, make sure to ask if his military service credits affect the benefit calculations at all. Given that you're only 2 years away from that magic age 60, waiting really does seem like the smart financial move. You've already waited this long - preserving those future options could be worth hundreds of thousands over your lifetime depending on the benefit amounts!

As someone new to this community, I want to thank everyone for such a thorough discussion! This thread has been incredibly educational. I'm in my early 50s and divorced after a 12-year marriage, and I had no idea about the age 60 remarriage rule until reading this. One thing that strikes me is how these rules seem designed for a different era when people typically had one marriage and traditional gender roles. The complexity of modern relationships - multiple marriages, blended families, people remarrying later in life - makes these benefit calculations so much more complicated than they probably were when Social Security was first designed. For those of us navigating these decisions, it seems like the key takeaways are: - Document everything and get written estimates from SSA - Understand that timing of remarriage is crucial (before vs after 60) - Don't assume anything - always apply even if you think you're not eligible - Consider your own work record benefits too I'm definitely going to check out that Claimyr service mentioned earlier to get specific guidance for my situation. It's reassuring to know there are resources to help navigate this maze!

This has been such an informative discussion! As someone new to understanding Social Security benefits, I'm struck by how the age 60 remarriage threshold seems to be the most critical factor in determining eligibility for ex-spouse survivor benefits. What I'm taking away from this conversation is that it's not about being the "first wife" or length of marriage (beyond the 10-year minimum) - it's really about your marital status when you apply and whether you remarried before or after age 60. The system seems to prioritize current financial support assumptions over the actual complexity of people's lives and relationships. For anyone in a similar situation, it sounds like the most important steps are: 1. Get personalized estimates from SSA in writing 2. Understand your own work record benefits as a baseline 3. Consider timing carefully if remarriage is in your future 4. Don't make assumptions - always apply when the time comes I appreciate how this community shares real experiences alongside the technical rules. It makes these complicated regulations much easier to understand when you can see how they play out in actual situations.

As a newcomer to this community, I want to echo what others have said about how incredibly helpful this discussion has been! I'm currently going through a divorce after 14 years of marriage, and I had absolutely no idea about these Social Security benefit rules until stumbling across this thread. The age 60 remarriage rule is something I wish more people knew about - it seems like such a crucial piece of financial planning that doesn't get discussed enough. I'm 45 now and honestly hadn't even thought about how future remarriage timing could affect potential benefits decades down the line. What really stands out to me is how the system treats current vs. former spouses so differently, regardless of marriage length or contribution to the household. It's fascinating (and somewhat frustrating) that a 5-year current marriage trumps a 15-year previous marriage when it comes to survivor benefits. I'm definitely going to create that SSA account someone mentioned to check my own projected benefits, and I'll probably use the Claimyr service to get specific guidance for my situation. Thanks to everyone for sharing their knowledge and experiences - this kind of real-world information is exactly what people navigating divorce need to understand their long-term financial options!

As someone new to this community and currently navigating Social Security questions myself, this thread has been absolutely invaluable! I'm 52 and recently divorced after a 16-year marriage. My ex-husband is remarried, and I'm single but dating someone seriously. Reading through all these responses, I finally understand why my divorce attorney briefly mentioned "waiting until 60 to remarry if you want to keep your Social Security options open" - at the time it seemed like such an abstract concern, but now I see how significant that age threshold really is. What strikes me most is how these rules essentially penalize people for finding love and companionship "too early" (before 60), while rewarding those who either remain single or wait until later in life. It seems particularly harsh for people who divorce in their 40s or 50s after long marriages - you're basically forced to choose between potential financial security and personal happiness during what could be 10-15 of your prime years. I'm definitely going to follow the advice here about getting written estimates from SSA and checking my own benefit projections. It's sobering to realize that remarriage timing could potentially affect my financial security decades from now, but I'd rather know the facts and plan accordingly than be caught off guard later. Thank you to everyone who shared their experiences - this kind of practical guidance makes all the difference when trying to understand these complex rules!

As a newcomer to this community, I'm incredibly grateful for this detailed discussion! I'm currently 49 and divorced after a 13-year marriage. My ex-husband remarried about two years ago, and I've been single since our divorce but am starting to think seriously about my long-term future. What really opened my eyes in this thread is understanding that the Social Security system essentially creates a financial penalty for remarrying before 60 - something I never would have considered when thinking about future relationships. It's particularly striking that this rule applies regardless of how long your previous marriage lasted or how short your ex's current marriage might be. I have to admit, learning that I potentially have survivor benefit rights from my ex-husband's record (assuming he predeceases me and I remain unmarried or remarry after 60) feels both empowering and oddly uncomfortable. It's strange to think about having ongoing financial connections to someone you've divorced, especially when they've moved on and remarried. One question I haven't seen addressed: if you're receiving divorced spouse benefits and your ex-husband passes away, do those automatically convert to the higher survivor benefit amount, or do you have to reapply? Also, does his current wife's eligibility for survivor benefits affect what an ex-spouse might receive? I'm definitely going to create that SSA account and possibly use the Claimyr service mentioned here. It's clear that understanding these rules now, while I'm still relatively young, could save me from making costly mistakes later. Thanks everyone for such an informative discussion!

As someone new to this community and currently navigating these complex Social Security rules myself, I want to thank everyone for such a comprehensive discussion! I'm 46 and recently divorced after an 11-year marriage. My ex has since remarried, and while I'm currently single, I've been wondering about these exact scenarios. What's been most eye-opening for me is learning that the "age 60 remarriage rule" is essentially the determining factor for maintaining survivor benefit eligibility - not the length of your marriage or being the "first" spouse. I had completely misunderstood how this worked before reading through everyone's experiences here. The suggestion about using Claimyr to actually get through to a live SSA agent is incredibly valuable. I tried calling SSA directly last month about a different question and gave up after being on hold for over an hour. Having a reliable way to get personalized answers about these complex scenarios would be huge. One thing that really resonates with me from this discussion is how these rules force people to make financial calculations about deeply personal life decisions. The idea that remarriage timing could impact potential benefits decades down the line is something I never would have considered before, but it's clearly an important factor to understand when planning for the future. I'm definitely going to set up my SSA account and get those written benefit estimates. Thanks to everyone for sharing your knowledge and real-world experiences - this kind of practical guidance is exactly what people in our situations need to make informed decisions!

As a newcomer to this community, I'm blown away by how thorough and helpful this discussion has been! I'm 53 and divorced after a 12-year marriage, currently single but have been wondering about exactly these scenarios if I decide to remarry in the future. The age 60 remarriage rule is something I wish was discussed more openly during divorce proceedings - it seems like such crucial financial information that could affect major life decisions down the road. Reading through everyone's experiences here, I finally understand why my divorce attorney briefly mentioned "considering the timing of any future remarriage" but didn't elaborate much at the time. What really strikes me is how the system essentially creates a financial cliff at age 60. Remarry at 59 and you potentially lose access to survivor benefits from a long marriage; remarry at 60 and you keep those options open. It seems like such an arbitrary cutoff that forces people to make romantic decisions based on financial calculations. I'm definitely going to follow the advice here about creating an SSA account and getting written benefit estimates for different scenarios. The suggestion about using Claimyr to actually reach a live agent is also really valuable - I had no idea that service existed but it could save so much frustration trying to get specific answers. Thank you to everyone who shared their knowledge and personal experiences. This kind of practical, real-world guidance is exactly what people navigating post-divorce financial planning need to understand their long-term options!