Can I claim Social Security benefits from ex-wife who died after remarrying?
I'm trying to figure out my Social Security options as I approach retirement. I'll hit my full retirement age (FRA) in about three years and want to maximize my benefits. My situation is a bit complicated. My ex-wife and I were married for 27 years before divorcing (it was amicable). We both ended up remarrying, but unfortunately she passed away after being married to her second husband for 6 years. Her second husband also passed away about 6 months after she did. I'm still working and planning my retirement strategy, but I'm wondering - am I eligible for any survivor or ex-spouse benefits based on my deceased ex-wife's Social Security record? Does the fact that we were both remarried affect this? I know there are ex-spouse benefits in some cases, but does her death change how that works? Thanks for any guidance!
16 comments
Join the conversation
Sophie Duck
Yes, you might qualify for survivor benefits based on your ex-wife's record, even though you both remarried. Since you were married for more than 10 years (27 years is well over the minimum), you meet that requirement. The fact that she remarried doesn't affect your eligibility, and the fact that you remarried doesn't matter either since you're claiming survivor benefits (not divorced spouse benefits). However, you should be aware that you would only receive these benefits if they're higher than your own retirement benefit amount. I'd recommend making an appointment with SSA to discuss your specific situation as they can look at both your records and determine which benefit would be higher.
0 coins
Lucas Lindsey
•Thank you so much for the response! I'm a bit confused though - I thought survivor benefits were only for current spouses, not ex-spouses? And if I can claim based on her record, would I get the full amount or some reduced percentage since we were divorced? I'll definitely make an appointment with SSA, but trying to understand the basics first.
0 coins
Austin Leonard
my mom got benefits from my dad after they divorced and he died so its definitely possible. SSA website has all this info but its really confusing tbh
0 coins
Anita George
•Yes, but the rules vary based on whether you're claiming as a divorced spouse versus a surviving divorced spouse. The 10-year marriage rule applies in both cases, but the difference is that for divorced spouse benefits, if you remarry, you generally can't claim on an ex's record. For surviving divorced spouse benefits, remarriage after age 60 doesn't affect eligibility. The original poster should definitely check with SSA directly because these nuances matter a lot.
0 coins
Abigail Spencer
I went through something kinda similar last year!! The SSA people kept giving me different answers every time I called them. So frustrating!!! Took me like 6 tries to get someone who actually knew the rules about ex-spouse stuff. Good luck!
0 coins
Logan Chiang
•This is unfortunately a common problem. The rules around survivor benefits for divorced spouses can be complex, and not all SSA representatives are equally familiar with every situation. In the OP's case, as a surviving divorced spouse who was married for over 10 years, he may be eligible for survivor benefits on his ex-wife's record if those benefits would be higher than his own retirement benefit. The fact that both parties remarried does complicate things, but it doesn't automatically disqualify him. When you call SSA, be very specific about asking for someone who specializes in survivor benefits for divorced spouses.
0 coins
Isla Fischer
If you're having trouble reaching someone knowledgeable at Social Security, you might want to try Claimyr (claimyr.com). I was in a similar situation trying to figure out survivor benefits and kept getting disconnected or waiting for hours. Claimyr got me connected to an SSA agent in about 15 minutes instead of the usual 2+ hour wait. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Seriously saved me a ton of frustration when I was trying to sort out my deceased ex's benefits.
0 coins
Lucas Lindsey
•Thanks for the tip! I've been dreading making that call because I've heard the wait times are terrible. I'll definitely check this out before spending my whole day on hold.
0 coins
Miles Hammonds
I HATE how complicated they make all this!!! My sister just went thru this whole mess and the SS office gave her WRONG info TWICE!!! They told her she couldn't get anything from her ex after he died because she remarried but that was WRONG!!! She had to talk to a supervisor to get it fixed. The whole system is BROKEN!!!!
0 coins
Sophie Duck
•You're right that misinformation is a real problem. The rules about remarriage are particularly confusing because they differ depending on whether you're claiming regular divorced spouse benefits (where remarriage generally stops eligibility) versus surviving divorced spouse benefits (where remarriage after 60 doesn't affect eligibility). Always best to get information in writing and speak with a supervisor if something doesn't sound right.
0 coins
Anita George
Based on the information you've provided, you may qualify for surviving divorced spouse benefits. Since you were married for more than 10 years (the minimum required), that requirement is met. Here's what you need to know: 1. For surviving divorced spouse benefits, your current marital status only matters if you remarried before age 60. If you remarried after 60, you can still collect survivor benefits on your ex-spouse's record. 2. The amount you'd receive would be up to 100% of what your ex-wife was receiving (or would have been eligible to receive) if you claim at your full retirement age. 3. The fact that she remarried doesn't affect your eligibility as a surviving divorced spouse. 4. However, you'll only receive these benefits if they're higher than your own retirement benefit. I recommend gathering her Social Security number before contacting SSA, as they'll need this to look up her record and provide accurate information about potential benefit amounts.
0 coins
Lucas Lindsey
•This is extremely helpful, thank you! I did remarry after 60, so that's good news. One follow-up question - when I contact SSA, should I specifically ask about "surviving divorced spouse benefits" rather than just ex-spouse benefits? I want to make sure I'm using the right terminology.
0 coins
Abigail Spencer
wait so can he get benefits from both his own record AND his ex-wife's? or just the bigger one? i'm confused about this part
0 coins
Anita George
•You only get the larger of the two benefits, not both. Social Security will pay your own retirement benefit first, then supplement it if the survivor benefit would be higher. So if your own benefit is $2,000 and the survivor benefit would be $2,500, you'd receive a total of $2,500 (not $4,500). This is why it's important to know both amounts before making claiming decisions.
0 coins
Lucas Lindsey
Thank you all for the responses! This has been incredibly helpful. I've made an appointment with SSA for next month and will specifically ask about surviving divorced spouse benefits. I'm gathering all my documents, including our marriage certificate, divorce decree, and her SSN. From what you've all shared, it sounds like I might be eligible since we were married over 10 years, even though we both remarried. I'll update once I learn more from SSA - this forum has already given me a much better starting point than I had before!
0 coins
Sophie Duck
•Sounds like you're on the right track! One additional tip: when you have your appointment, make sure to ask them to run calculations showing how different claiming ages would affect both your retirement benefit and any potential survivor benefit. Sometimes delaying one type of benefit while claiming another can maximize your lifetime payout. Good luck!
0 coins