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.
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Ravi Malhotra
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
•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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Freya Christensen
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
•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
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
•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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Chloe Robinson
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
•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
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
•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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Anastasia Kozlov
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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Chloe Robinson
•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
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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Freya Christensen
•good luck!!! just be prepared for a lot of waiting and paperwork. the money is worth it tho!!!
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