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Tony Brooks

Can I claim my deceased ex-husband's Social Security after remarrying at 52? Retiring at FRA next year

I'm trying to figure out my Social Security options before I retire next year when I turn 67 (my full retirement age). My first husband and I were married for 22 years before he passed away in 2010. He was the primary earner in our household and had a good income as an electrical engineer. I remarried in 2018 when I was 52 to my current husband, who is already receiving his SS retirement benefits (about $1,850/month). My big question is: Can I still claim survivor benefits based on my deceased first husband's record even though I've remarried? I've heard different things about age restrictions with remarriage. My own benefit will be around $1,500/month, but my late husband's would be closer to $2,900 if I could qualify for the survivor benefit. I've tried calling SSA three times this week and keep getting disconnected after waiting over an hour each time! Any insights would be appreciated, especially from anyone who's been in a similar situation with remarriage and survivor benefits.

Yes, you absolutely CAN claim survivor benefits based on your first husband's record! The rule is that if you remarry after age 60 (or age 50 if disabled), you can still get survivor benefits. But since you remarried at age 52 and weren't disabled (from what you've shared), unfortunately you don't qualify for survivor benefits on your first husband's record. Your options now are: 1. Take your own retirement benefit of $1,500/month 2. Look into spousal benefits based on your current husband's record (potentially up to 50% of his benefit amount) I would suggest scheduling an appointment with your local SSA office to discuss which would be more advantageous for your specific situation.

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Oh no, that's really disappointing news. I thought since I was remarrying later in life it wouldn't affect my survivor benefits. I didn't realize the cutoff was specifically at age 60. My financial planner had mentioned something about this but wasn't certain. Thank you for clarifying - I'll look into the spousal benefit option with my current husband instead.

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Theres a loophole u might want to look at!! my cousin got remarried at 55 and she got divorced from 2nd husband after 3 years, then she was able to claim her 1st husbands SS benefits!! so if ur 2nd marriage doesnt work out u can still get those survivor benefits from husband #1. not saying get divorced but just fyi

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This is technically correct but I wouldn't call it a "loophole" - it's just how the rules work. If your second marriage ends (by death, divorce, or annulment), you can again become eligible for survivor benefits from your first marriage. The Social Security Administration clearly states this on their website.

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Sorry to hear about your loss. I'm in a similar situation and it's so confusing! I'm wondering though - have you checked if you can get spousal benefits on your current husband's record? Might be worth looking into that as an alternative?

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Thanks for your kind words. Yes, I'm going to look into spousal benefits, but since my own benefit is about $1,500 and half of my current husband's would only be around $925, I think my own benefit would be higher. It's just frustrating because my late husband's benefit would have been almost double what I'll get now.

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To add to what others have said - the remarriage age threshold is very strict with Social Security survivor benefits. Since you remarried at 52, which is before the age 60 cutoff (or age 50 if disabled), you unfortunately cannot receive survivor benefits on your first husband's record while you're married to your current husband. You should definitely compare these two options: 1. Your own retirement benefit ($1,500/month) 2. Spousal benefit based on your current husband's record (up to 50% of his PIA) Also, keep in mind that if your current marriage were to end, you could become eligible again for survivor benefits from your first husband. For most accurate information, I recommend setting up an appointment with SSA to review your specific earnings record and all available options.

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THIS is the EXACT PROBLEM with SSA - these arbitrary age cutoffs that make NO SENSE!!! Why should it matter if she remarried at 52 vs 60??? She was married to her first husband for over 20 years! I've been fighting with them for 2 years over my benefits and they ALWAYS find some stupid rule to reduce what people are owed. The system is designed to confuse and frustrate us!!!!

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I was in a similar situation last year trying to get answers from SSA about survivor benefits. After weeks of busy signals and disconnected calls, I finally used a service called Claimyr (claimyr.com) that got me through to a real person at SSA in about 15 minutes instead of spending hours on hold. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU It was such a relief to finally talk to someone who could answer my specific questions about my late husband's benefits. The agent was able to look up both our records and give me definitive answers rather than me trying to interpret the rules on my own.

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Does this actually work? I've been trying to reach SSA for days about my application status!

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Thank you all for the responses. I've scheduled an appointment at my local SSA office for next month (earliest they had). I'm still disappointed that I can't access my first husband's benefits, especially since we were married for so long and he paid into the system for over 35 years. I'm also wondering if there would be any advantage to delaying my retirement beyond FRA to increase my own benefit amount? Would the 8% per year increase make a significant difference?

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Delaying your own retirement benefit past your FRA of 67 would increase your benefit by 8% per year until age 70. So if you delayed the full 3 years to age 70, your $1,500 benefit would increase to approximately $1,860 per month - and that higher amount would be permanent for life. Whether this makes sense depends on your health, family longevity, and financial needs. The general breakeven point is around age 82-83, meaning if you live beyond that age, delayed claiming will have paid off financially. Given women's longer average lifespan, many financial advisors recommend delaying if you can afford to wait.

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just wondering did ur first husband have kids? my sister gets benefits for her kids from their dad who passed away even tho she remarried

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We had two children together, but they're both in their 40s now, so they're well past the age for receiving children's benefits. But you're right - children can receive benefits on a deceased parent's record regardless of whether the surviving parent remarries.

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This is why I never remarried after my husband died! I knew I'd lose his higher SS benefit. My sister's financial advisor told her never to remarry before 60 for this exact reason. Seems so unfair they penalize people for finding love again!

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EXACTLY!! The government shouldn't be in the business of influencing people's marriage decisions! I know several widows who live with their partners but won't marry them because of these RIDICULOUS Social Security rules. Talk about government overreach into our personal lives!!!

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I'm sorry you're dealing with this frustrating situation! As a newcomer here, I've been reading through everyone's responses and learning so much. It really does seem unfair that the remarriage age cutoff is so strict - 52 vs 60 shouldn't make such a huge difference when you were married to your first husband for over two decades. One thing I'm curious about - have you considered whether it might be worth consulting with a Social Security claiming strategy specialist or fee-only financial planner who specializes in SS benefits? Sometimes they can spot options or strategies that aren't immediately obvious. Given the potential difference between your $1,500 benefit and what could have been $2,900, it might be worth the consultation fee to make sure you're not missing anything. Also, regarding the delayed retirement credits you asked about - that 8% annual increase is guaranteed and inflation-protected for life, which is pretty rare these days. If you're in good health and can afford to wait, it might be worth running the numbers on delaying at least a year or two. Good luck with your SSA appointment next month!

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Thank you for the thoughtful advice! You're absolutely right about consulting with a specialist - I think I've been trying to figure this all out on my own when there might be professionals who deal with these complex situations regularly. The potential $1,400/month difference really does make it worth paying for expert guidance. I'm also leaning toward your suggestion about delaying retirement, at least for a year or two. My health is good and my current husband is still working part-time, so we could probably manage financially. That guaranteed 8% return is hard to find anywhere else these days! Thanks for the warm welcome to the community - it's been so helpful to get insights from people who've navigated similar situations.

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