Can I claim Social Security survivor benefits from ex-husband who died? Married 18 years but divorced 22 years ago
I'm trying to figure out my options for retirement planning after my ex-husband passed away last month. I'm 64 and still working full-time. My ex was also 64 when he died. We were married for 18 years but have been divorced for a little over 22 years. We both remarried after our divorce. I know he had applied for his Social Security benefits, but I'm not sure if he had started receiving them yet. Throughout our marriage, he consistently earned significantly more than me (probably 3-4 times my salary). When I eventually retire, would I be eligible to receive survivor benefits based on his work record? And if so, would his benefit amount likely be higher than what I'd get based on my own work history? I'm really confused about how this works with the divorce and both of us having remarried.
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Natasha Orlova
Yes, you can potentially claim survivor benefits from your ex-husband's record! The key requirements are: 1) your marriage lasted at least 10 years (yours was 18, so you're covered), 2) you're at least 60 years old (you're 64, so that's fine), and 3) you're not entitled to a higher benefit on your own record. The fact that you both remarried doesn't affect your eligibility for survivor benefits from an ex-spouse. When you apply, SSA will calculate both amounts - your own retirement benefit and the survivor benefit from your ex - and pay you whichever is higher. Since he earned substantially more, it's very possible his benefit would be higher, but it depends on both your work histories. You should contact SSA to get precise estimates.
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CosmicCowboy
•Thank you so much for this information! I had no idea I could still qualify given both our remarriages. Do you know if I would get 100% of what he would have received, or is there some reduction for ex-spouses?
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Javier Cruz
my sister was in almost same situation and she got her ex husbands SS after he died even tho they were divorced like 15 yrs. she said she gets same amount he wouldve got.
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Emma Thompson
•That's not entirely accurate. As a divorced surviving spouse, you may receive up to 100% of what the ex-spouse received or was eligible to receive, but the actual amount depends on your age when you claim and several other factors. Best to check with SSA directly rather than assuming based on someone else's situation.
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Malik Jackson
Something important to consider is your current marital status. If you're still married to your second husband, you generally CANNOT receive survivor benefits from your ex-husband's record. The remarriage rule is that if you remarry after age 60, you can still claim survivor benefits from a deceased ex-spouse, but if you remarried before 60 and are still married, you're not eligible. I'd call SSA directly to verify your specific situation.
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CosmicCowboy
•Oh, that's really important information I didn't know! I remarried at 45, and I'm still married. Does that mean I'm completely ineligible? This is getting complicated.
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Isabella Costa
The previous comment is correct. Since you remarried before age 60 and are still married, unfortunately you would NOT be eligible for survivor benefits from your ex-husband's record. However, when you reach retirement age, you should still apply for your own retirement benefits based on your work record. And depending on your current spouse's earnings record, you might be eligible for spousal benefits on their record if that amount is higher than your own benefit. Social Security will pay you the higher of the two amounts.
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CosmicCowboy
•Thank you for confirming. That's disappointing, but I'm glad to know now rather than planning retirement based on incorrect assumptions. I'll look into what benefits I might get from my current husband's record instead.
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StarSurfer
SSA rules are SO FRUSTRATING!!! If you had divorced your second husband before your ex died, you'd be eligible. If you had waited until after 60 to remarry, you'd be eligible. But remarry at 45 and suddenly you lose access to benefits you EARNED through 18 YEARS of marriage to a high-earner??? The system is completely rigged against women who often sacrifice career advancement during marriage and then get penalized in retirement. RIDICULOUS!
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Ravi Malhotra
•While I understand your frustration, it's important to clarify that Social Security benefits aren't something you "earn" through marriage. The survivor benefit exists as financial protection, and the remarriage rules are based on the assumption that a current spouse provides financial support. The system certainly has flaws, but it's designed to balance many competing priorities.
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Emma Thompson
I've been trying to call the SSA for THREE WEEKS to ask similar questions about my survivor benefits and I can't get through! Always busy signals or disconnects after waiting 2+ hours. Anyone know a better way to reach an actual human being at Social Security?
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Ravi Malhotra
•I had the same problem until I discovered Claimyr. It's a service that holds your place in the SSA phone queue and calls you when an agent is about to answer. Saved me hours of frustration! I watched their demo video at https://youtu.be/Z-BRbJw3puU and it worked exactly as promised. Much better than sitting on hold all day or getting disconnected.
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CosmicCowboy
Based on all your responses, it seems I won't qualify for my ex's survivor benefits since I remarried before 60. I'm going to schedule an appointment with SSA to discuss my options regarding my own benefits and possibly spousal benefits from my current husband. Thanks to everyone for your help!
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Natasha Orlova
•That's a good plan. When you talk to SSA, ask them to run calculations for claiming at different ages. Remember that your own retirement benefit increases by about 8% for each year you delay claiming between your Full Retirement Age (probably 66-67 for you) and age 70. So depending on your financial situation, it might be beneficial to continue working and delay claiming to maximize your monthly benefit amount.
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Javier Cruz
my bad about the wrong info i think my sister wasnt remarried when her ex died thats probably why she could get his ss
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Emma Thompson
•Yes, that would make a difference! If she was unmarried when claiming survivor benefits, she would be eligible. It's a good reminder that everyone's situation has unique details that affect eligibility.
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