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StarSurfer

Can I claim survivor benefits from first husband after second divorce? Married 20 years

I'm trying to figure out if I'm eligible for any Social Security benefits after my first husband passed away last month. Our marriage lasted 20 years (1989-2009), then I remarried in 2015 when I was 55. My second marriage ended in divorce last year (2022). My first husband just died in August and I've heard something about possibly being able to claim survivor benefits since my second marriage ended. I'm 63 now and struggling financially, so any benefits would really help. Does anyone know if I qualify for survivor benefits from my first husband? The SSA website is confusing me with all these marriage/remarriage rules.

Ravi Malhotra

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Yes, you should qualify for survivor benefits from your first husband based on what you've shared. Since your first marriage lasted more than 10 years and your second marriage has ended, you can claim survivor benefits from your first husband. The remarriage after 60 rule doesn't even apply to you since you're currently unmarried. Call SSA to file an application as soon as possible because survivor benefits can only be paid from the time you apply.

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StarSurfer

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Thank you so much! That's a huge relief. Do you know if it matters that I haven't reached my full retirement age yet? And should I apply for my own retirement benefits at the same time or wait?

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my situation was almost the same!! married 18 yrs to first hubby, divorced, remarried at 54, divorced again. when my first ex died i got survivors and it literally saved me. make sure you have his death certificate when you apply!

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StarSurfer

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Oh wow, that's so similar! Thanks for sharing your experience. Did you have to wait long after applying to start receiving benefits?

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Omar Hassan

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I'm not sure the other posters are right. I think the 60 year old remarriage rule DOES matter. Did you turn 60 before you remarried? If not you might be ineligible. SSA rules are SUPER confusing about this stuff and I spent hours reading about it when my ex died.

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Ravi Malhotra

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The remarriage after 60 rule applies to people who are CURRENTLY remarried. Since the original poster is now divorced from her second husband, she is considered unmarried for Social Security purposes. The 10+ year marriage to her first husband qualifies her for survivor benefits regardless of when the second marriage occurred, as long as she's not currently married.

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You are eligible for survivor benefits based on your first husband's work record. The key factors that make you eligible: 1) your first marriage lasted over 10 years, 2) you are currently unmarried, and 3) you are at least 60 years old (you're 63). Important financial consideration: If you claim survivor benefits now at 63, they'll be reduced because you're claiming before your Full Retirement Age. You might want to consider claiming survivors now and switching to your own benefits later if yours would be higher at age 70. The SSA won't automatically tell you about this strategy, so make sure to ask about your highest potential benefit combination when you speak with them.

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StarSurfer

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This is really helpful information, especially about the reduced benefits. I hadn't thought about claiming survivor benefits now and switching to my own later. I'll definitely ask about that when I apply.

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Diego Chavez

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Just make sure you bring ALL your documents when you go to SSA! They made me come back 3 times because I didn't have everything - marriage certificates from BOTH marriages, divorce decrees from BOTH divorces, my ex's death certificate, my birth certificate AND my social security card. It was a nightmare!

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NeonNebula

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This is so true! I had the EXACT same experience but dealing with them over the phone was even worse. I called for 3 WEEKS trying to get through to someone about my survivor benefits. Kept getting disconnected or waiting for hours only to be told to call back. I finally found this service called Claimyr (claimyr.com) that got me connected to a real SSA agent in under 10 minutes. They have this video showing how it works: https://youtu.be/Z-BRbJw3puU. Seriously saved my sanity during an already stressful time.

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im confused do u get more from his record than ur own? my sister tried to get her exes SS when he died but they told her her own was higher so she had to take that instead. might want to check the amounts before getting ur hopes up

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Great point. SSA will pay the higher amount between your own retirement benefit or the survivor benefit, not both. However, there's a strategy where you can take reduced survivor benefits early (as early as age 60) and then switch to your own unreduced retirement benefits at your Full Retirement Age (or even delay until 70 for maximum benefits). This works especially well if your own benefit at 70 would be larger than the survivor benefit.

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StarSurfer

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Thank you everyone for your helpful responses! I'm going to gather all my documents this weekend and try to schedule an appointment with SSA next week. I'll definitely ask about the strategy of taking survivor benefits now and possibly switching to my own later. And I'll check out that Claimyr service if I have trouble getting through on the phone. I'm so relieved to know I likely qualify for these benefits - it's been a tough year financially.

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good luck!!! just be prepared for a lot of waiting and paperwork. the money is worth it tho!!!

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Lim Wong

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One more tip - if you're able to, try to get an in-person appointment rather than doing everything over the phone. I found the local SSA office staff were much more helpful and patient in explaining all the options. They were able to run scenarios showing me exactly what I'd get with survivor benefits versus my own benefits at different claiming ages. Also, don't let them rush you during the appointment - this is a big financial decision that will affect you for years, so make sure you understand all your options before signing anything. Best of luck with your application!

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Aaron Boston

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That's excellent advice about the in-person appointment! I was definitely leaning toward trying to handle everything over the phone, but you're right that having someone walk through all the scenarios face-to-face would be so much better. I really appreciate everyone taking the time to share their experiences and tips - this community has been incredibly helpful during what's been a really difficult time. I'll make sure to ask lots of questions and not feel rushed when I do get my appointment scheduled.

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I'm so sorry for your loss, and I'm glad you found this helpful community! Just wanted to add one important detail that might affect your timeline - survivor benefits can actually be paid retroactively for up to 6 months before your application date, but only back to the month you became eligible (which would be the month your first husband passed away). Since he died in August and you're applying now, you shouldn't lose any benefits, but this is good to know for anyone else reading. Also, when you do apply, make sure to ask about Medicare eligibility too - sometimes survivor benefits can affect when you can enroll. The SSA staff should cover this, but it's worth mentioning explicitly. Wishing you all the best with your application process!

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CosmicCadet

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Thank you for mentioning the retroactive benefits - I had no idea about that! That's really important information since it means I won't lose out on any money by not applying immediately in August when he passed. And you're absolutely right about asking about Medicare too - I hadn't even thought about how this might affect my healthcare coverage options. It's amazing how many different aspects there are to consider with Social Security benefits. I'm definitely going to write down all these questions and tips before my appointment so I don't forget anything important.

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I just wanted to chime in as someone who went through a very similar situation about 3 years ago. I was married to my first husband for 22 years, remarried at 58, then divorced again at 61. When my first ex-husband passed away, I was also really confused about the eligibility rules. The good news is that everyone here is giving you solid advice - you definitely qualify! One thing I'd add is to be prepared for the SSA to potentially ask for additional documentation beyond what others have mentioned, like proof that your first husband was receiving Social Security benefits (they should be able to look this up, but sometimes they ask anyway). Also, don't be discouraged if your first call or visit doesn't result in immediate approval - sometimes it takes a few interactions to get everything sorted out, but persistence pays off. The financial relief when those benefits start coming in is huge, especially when you're struggling. You're doing the right thing by applying, and this community's advice will serve you well!

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Thank you so much for sharing your experience! It's really reassuring to hear from someone who went through almost the exact same situation. I appreciate the heads up about potentially needing proof of my first husband's Social Security benefits - I'll add that to my list of documents to ask about. Your point about persistence is well taken too. I'm trying to prepare myself mentally that this might not be a quick or simple process, but hearing that it worked out for you gives me hope. It's been such a challenging year between the divorce and then losing my ex-husband, so knowing there might be some financial relief ahead really helps. Thanks again for taking the time to share your story!

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Amara Nnamani

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I'm sorry for your loss and the financial stress you're dealing with. Based on everything shared here, it sounds like you have a strong case for survivor benefits. One small thing to add - when you gather your documents, make sure to get certified copies of your marriage and divorce certificates rather than just photocopies. Some SSA offices are pickier about this than others. Also, if your first husband had military service, mention that during your appointment as it might affect benefit calculations. The folks here have given you excellent advice about the claiming strategies. I'd especially emphasize what others said about asking to see the actual dollar amounts for different scenarios - survivor benefits now vs. waiting, your own benefits at different ages, etc. Having those concrete numbers will help you make the best decision for your situation. Hang in there, and I hope the process goes smoothly for you!

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