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Can I claim Social Security survivor benefits from ex-husband who died before collecting SS?

I'm trying to understand what my future benefit options might be. My first husband and I were married for 19 years before divorcing. He earned substantially more than I did throughout his career. He passed away at 63 before he started collecting any Social Security benefits. I'm remarried now (10 years), but I'm wondering about my options down the road. If my current husband passes away before me, would I be eligible to receive any survivor benefits based on my ex-husband's earnings record? I know the marriage length exceeds the 10-year minimum, but I'm confused about how survivor benefits work when there's both a deceased ex-spouse AND a deceased current spouse involved. Does anyone know if I'd be able to choose between their benefit amounts? I'm 58 now and trying to understand what my financial picture might look like in various scenarios. Thanks for any guidance!

Miguel Silva

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Yes, you absolutely have options here. Since you were married to your ex for more than 10 years before divorcing, and you haven't remarried before age 60, you qualify for survivor benefits from your ex-husband's record. The key factor is that when your current husband passes away, you'll be eligible to collect whichever benefit is higher - survivor benefits from your current husband OR your ex-husband. Social Security will pay the higher of the two amounts. The fact that your ex-husband died before collecting doesn't affect your eligibility for his survivor benefits. When the time comes, contact SSA and explain both marriages. They'll calculate both potential survivor benefits and pay you the higher amount.

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Ava Garcia

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Thank you! That's a huge relief to know I'll have options. So to be clear - I don't have to choose one or the other permanently? SSA will just automatically give me whichever amount is higher?

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Zainab Ismail

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The previous poster is mostly right, but I want to add some important details. First, you can apply for reduced survivor benefits as early as age 60 (or 50 if disabled). Second, you should know that taking survivor benefits early doesn't prevent you from switching to your own retirement benefit later if it would be higher. A strategy many people use: take the survivor benefit at 60 (though it'll be reduced for claiming early), then switch to your own retirement benefit at your Full Retirement Age (FRA) or even at 70 when it maxes out if your own benefit would be higher. Call SSA about 3 months before you plan to file to review your options and get the exact benefit amounts. Having both records to potentially claim from gives you more flexibility.

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Connor O'Neill

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this is rite! my sister did exactly this - took her ex's survivor at 60 then switched to her own at 67 (her FRA). made a big difference for her monthly $$.

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QuantumQuester

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DONT get your hopes up too much!!!! SSA makes EVERYTHING complicated. My neighbor was in almost the exact scenario (married 22 yrs to ex, remarried, both died). She's been fighting with SSA for 8 MONTHS to get her ex's higher benefit!!!! They keep saying her paperwork is "processing" but nothing EVER happens!!! She calls and calls but gets nowhere - just sits on hold for HOURS only to be disconnected!!! They even lost her marriage certificate TWICE!!! The whole system is BROKEN!!!!

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Yara Nassar

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I'm sorry your neighbor is having such a hard time. This is unfortunately common when dealing with survivor claims involving ex-spouses because they require more verification. Have you suggested she try Claimyr? I was having the same endless hold/disconnection issues trying to sort out my widow benefits. Claimyr got me through to an actual SSA agent in about 20 minutes instead of hours of trying. You can see how it works in their demo video: https://youtu.be/Z-BRbJw3puU Their service basically holds your place in line so you don't have to sit on hold forever. It was honestly worth it to get my case moving again after weeks of getting nowhere. Their website is claimyr.com if she wants to check it out.

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QuantumQuester

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THANK YOU!!! I'll definitely tell her about this service!!! She's been crying over this mess for months!!! ANYTHING that helps deal with SSA bureaucracy is worth trying!!!

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Keisha Williams

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not to go off topic but make sure you also get all your ducks in a row with marige certificates and death certificates. social security lost my stuff THREE times and i had to keep sending it in. so frustrating!!! make copies of EVERYTHING.

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Ava Garcia

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That's really good advice. I'll definitely gather all the documentation ahead of time and make multiple copies. I'm still trying to locate my first marriage certificate actually - it's been so long I'm not even sure where it is!

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Paolo Ricci

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i think your mixing up SSI and SSDI. you cant get SSI from an ex husband. you need to apply for SSDI right away when he dies.

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Miguel Silva

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Just to clarify, neither SSI nor SSDI are relevant to this situation. The original poster is asking about survivor benefits, which are different from both SSI (Supplemental Security Income) and SSDI (Social Security Disability Insurance). Survivor benefits are based on the deceased person's Social Security retirement benefit amount. Since she was married to her ex for more than 10 years, she qualifies for survivor benefits based on his record. This has nothing to do with disability programs.

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Zainab Ismail

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Something else to consider that hasn't been mentioned yet - the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP). If you worked in a job that didn't pay into Social Security (like some government or education jobs), these provisions could reduce any survivor benefits you might receive. Do you have any work history in jobs that didn't withhold Social Security taxes? If so, that's another factor to discuss with SSA when you eventually apply.

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Ava Garcia

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Thank you for mentioning this. Luckily I don't think this applies to me - I've only worked in the private sector (retail management and administrative work), so I've always had Social Security taxes withheld from my paychecks.

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Connor O'Neill

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my sis went thru this exact thing! she got MORE from her ex who made way more $$ than her 2nd husband!! she had to fill out a special form i think it was SSA-10 for survivor benefits. she said to make sure to tell them about BOTH marriages cuz they don't always put 2+2 together on their own!!

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Keisha Williams

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this is so important!!!!! the SSA people dont know what there doing half the time. you have to tell them EVERYTHING or they mess it up

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Miguel Silva

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One final important point: You mentioned you're 58 now. If your current husband passes away while you're still under age 60, and you decide to claim survivor benefits from either husband, be aware that remarrying before age 60 would make you ineligible for survivor benefits from either previous husband. However, if you wait until after age 60 to remarry, you preserve your right to survivor benefits from previous marriages. Just something to keep in mind for future planning.

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Ava Garcia

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Thank you so much for this additional information. I hadn't even considered the remarriage factor if my current husband passes away first. This is exactly why I wanted to understand all the rules now rather than trying to figure it out during a difficult time. I truly appreciate everyone's help!

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