Can I claim ex-husband's Social Security as a widow even after taking my own SS benefits early?
I just turned 63 and I'm planning to claim my Social Security retirement benefits next month (about $1,650/month). My current husband is 60 and his estimated SS will only be around $1,200 when he reaches full retirement age. However, I was previously married for 17 years to my ex-husband who earned much more, and his SS benefits are estimated to be around $2,800/month. Here's what I'm confused about: If my current husband passes away before me, I know I'd get his survivor benefits, but they're less than my own. What I really want to know is: if I take my own benefits now, could I later switch to getting my ex-husband's higher benefits if he passes away? Would I be eligible for survivor benefits from my ex since we were married over 10 years, even though I'm remarried now? The difference between my benefit and my ex's would be substantial and would really help with future expenses.
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Angelina Farar
Yes, you could potentially receive survivor benefits based on your ex-husband's record even if you're already collecting your own retirement benefits. Since you were married for more than 10 years (the minimum is 10 years), you would be eligible for survivor benefits if your ex passes away. The key point is that you must not have remarried before age 60 to qualify for survivor benefits from an ex-spouse. Since you're already 63 and remarried, that restriction doesn't apply to you. If you're already receiving your own retirement benefits when your ex passes away, you could switch to the higher survivor benefit amount (potentially up to 100% of what your ex was receiving). The survivor benefit from an ex-spouse works the same way as it would from a current spouse, as long as you meet the length-of-marriage requirement.
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Jessica Nolan
•Thank you for explaining that! I had no idea about the 'remarried before 60' rule. So just to be clear - I can take my SS now at 63 (even though it's reduced for early filing), and then if my ex passes away in the future, I could still switch to his higher survivor benefit amount even though I'm currently married? That would be such a relief financially.
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Sebastián Stevens
Are you SURE about this??? I was told by an SSA agent that you CANNOT claim benefits on an ex-spouse if you're currently married!! This seems like conflicting information. My sister tried to do something similar and got denied. I think the remarriage cancels out ANY claims on the ex-spouse's record. OP should definitely call SSA directly before making any decisions based on this.
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Bethany Groves
•There's actually an important distinction here. You're partially right - you CANNOT receive SPOUSAL benefits from an ex if you're currently married to someone else. However, SURVIVOR benefits have different rules. If you're remarried after age 60, you CAN receive survivor benefits from a deceased ex-spouse (assuming the marriage lasted at least 10 years). The SSA explains this on their website. Your sister may have been trying to get spousal benefits rather than survivor benefits, or she may have remarried before turning 60. The rules are confusing but very specific.
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KingKongZilla
this happened to my aunt last year. she was getting her own ss and when her ex died she got his bigger amount instead. they had been divorced for like 20 years but she still got the survivor benefits. she was already 70 tho
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Jessica Nolan
•That's really good to know! Do you happen to know if it was complicated for her to switch over to his benefits? Did she have to provide a lot of documentation?
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Rebecca Johnston
The 10-year marriage rule is key here. I was married for only 9 years and 4 months to my ex and I don't qualify for ANYTHING from his record. I wish someone had told me to stay married a few more months! Just be thankful you were married for 17 years - that solidly qualifies you. The SSA is super strict about that 10-year minimum.
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Nathan Dell
•Exactly right about the 10-year rule! And just to add one more technical point for the original poster: when you switch to survivor benefits (whether from a current spouse or ex-spouse), you'd receive up to 100% of what your deceased ex was receiving or eligible to receive. However, if he hadn't reached his FRA when he passed, the amount might be reduced. Also, keep in mind that taking your own benefits early at 63 doesn't reduce the survivor benefits you might receive later. Survivor benefits calculations are separate from your own retirement benefit calculations.
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Bethany Groves
One thing nobody's mentioned is that you should report your ex-husband's death to Social Security as soon as it happens (if it happens). SSA doesn't automatically know when ex-spouses die, and they won't proactively contact you about potential survivor benefits. You need to apply for the survivor benefits when the time comes. Also, gather your marriage certificate and divorce decree now and keep them in a safe place. You'll need these documents to prove the length of marriage when applying for survivor benefits from an ex-spouse.
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Maya Jackson
•I had a horrible time trying to reach SSA when my husband died. Spent DAYS on hold, got disconnected repeatedly, and couldn't get an appointment for weeks. I finally used a service called Claimyr to get through to them quickly (claimyr.com). They helped me bypass the hold times and I got my survivor application started right away. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - totally worth it for the stress it saved me during an already difficult time.
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KingKongZilla
make sure ur ex-hubby dosnt have other ex-wives that were married to him longer than u were... there's some kinda rule about who gets what when there's multiple exes
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Angelina Farar
•That's not actually how it works. Multiple surviving ex-spouses can all qualify for survivor benefits on the same worker's record, as long as each marriage lasted at least 10 years and each ex-spouse meets the other requirements. There's no rule saying only the longest marriage gets the benefits. Each qualified ex-spouse can receive what they're eligible for without affecting the others.
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Rebecca Johnston
Just wondering... what happens if both your current husband AND your ex-husband pass away? Can you choose the higher of the two survivor benefits? Or does one cancel out the other?
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Nathan Dell
•Good question! If both your current husband and ex-husband pass away, you can't receive survivor benefits from both simultaneously. However, you can choose the higher of the two survivor benefits. The SSA will pay the higher benefit amount, not both. This is consistent with Social Security's general approach - you can be eligible for multiple benefit types, but they'll typically only pay the highest one you qualify for at any given time.
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