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Can I claim survivor benefits if our 10 years of marriage was split across two marriages to the same person?

I'm turning 60 in a few months and trying to figure out my Social Security options. My husband passed away 3 years ago, and I recently learned about survivor benefits. Here's my complicated situation - we were married for 6 years, then divorced for 2 years, then remarried for 4 more years before he passed away. Combined, that's 10 years of marriage, but it wasn't consecutive. I've heard that SSA requires a 10-year marriage to qualify for benefits on an ex-spouse's record, but does this rule apply differently for survivor benefits vs. divorced spouse benefits? Does anyone know if they would count both marriages together to meet the 10-year requirement? I haven't been able to get through to SSA on the phone to ask directly.

Zara Malik

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Yes, you're eligible! For survivor benefits (which is what you'd be applying for since your husband passed away), the marriage length requirement is actually much shorter - only 9 months at the time of death for a current marriage. The 10-year rule only applies to divorced spouse benefits when the ex is still living. Since you were married to him when he died (your second marriage), the combined length doesn't matter - what matters is that you were married at the time of his death and had been for at least 9 months.

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Sean Kelly

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Oh wow, thank you so much for clarifying! I've been stressing about this for weeks. So since we were married for 4 years during our second marriage before he passed, I should qualify? Do you know if I need to bring both marriage certificates to my appointment?

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Luca Greco

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my aunt had similar situation but think it different bcuz she was receiving benefits from 1st husband who died then remarried but 2nd husband died after only 7 months, she couldn't get his SS

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Zara Malik

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Your aunt's situation was different. When someone remarries after already receiving survivor benefits, they need to be married to the new spouse for at least 9 months to qualify for benefits on their record. It sounds like your aunt was trying to switch from her first husband's record to her second husband's record after he passed, but didn't meet the 9-month requirement for the second marriage.

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Nia Thompson

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The rules for SS survivor benefits are SO CONFUSING!!! I've been trying to figure this stuff out for months. I thought the 10-year rule applied to EVERYTHING related to claiming on a spouse's record. No wonder people get so frustrated with Social Security! You practically need a law degree to understand all these different rules!!

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Mateo Rodriguez

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Same! I got confused too about all these different rules. There's like different rules for disability, retirement, survivors, divorced spouses... my head spins just thinking about it.

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Aisha Hussain

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I had a similar experience trying to claim survivor benefits last year. After weeks of calling and never getting through, I found a service called Claimyr (claimyr.com) that got me connected to a real SSA agent in about 20 minutes instead of spending hours redialing. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I got through, the agent confirmed that for survivor benefits, you only need to have been married for 9 months at the time of death if you were currently married to the person. The 10-year rule is only for divorced spouse benefits when your ex is still alive. So in your situation, since you were married to him when he passed away, you should definitely qualify!

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Sean Kelly

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Thank you for the tip about Claimyr! I'm going to check that out. I've been trying to get through for weeks without luck. It's reassuring to hear from someone else who had a similar situation confirmed by SSA.

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I want to add some important information here about survivor benefits at age 60: 1. If you apply at exactly age 60, you'll receive approximately 71.5% of your late husband's full benefit amount (reduction for claiming before your FRA) 2. If you have earnings from work, you'll be subject to the earnings test until you reach your full retirement age 3. Taking survivor benefits at 60 doesn't prevent you from switching to your own retirement benefit later if it would be higher Make sure to discuss these options when you speak with SSA. Sometimes it's advantageous to take the survivor benefit early and then switch to your own benefit at 70 if your own work record would provide a higher amount at that point.

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Sean Kelly

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This is really helpful information! I hadn't even thought about the strategy of potentially switching benefits later. My own work record is decent, but I'm not sure if it would exceed my husband's benefit. Is there a way to find out what my benefit amounts would be before making a decision?

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Luca Greco

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bring ALL ur paperwork when u go - both marriage certificates, death cert, divorce papers, birth cert, SS card. they always want more paperwork than u think!!

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Sean Kelly

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Good advice! I'd rather bring too much documentation than not enough and have to reschedule. I'll gather everything I can find.

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Ethan Brown

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Don't forget you gotta file soon if you want benefits to start right at 60. They let you apply like 3-4 months before your birthday (I think). I waited til the week of my birthday and they backdated it but it took longer to get first payment. Just heads up.

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Mateo Rodriguez

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i thought the rule was 9 years not 9 months? are we sure about this????

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Zara Malik

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It's definitely 9 months, not 9 years, for survivor benefits. The 10-YEAR rule is for divorced spouse benefits when the ex-spouse is still living. But for survivor benefits when someone passed away while you were married to them, it's 9 MONTHS. You can verify this on SSA.gov.

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Nia Thompson

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THE WORST PART of dealing with SS is trying to get through to ANYONE on the phone!! I spent THREE DAYS last month trying to get a simple question answered!! They either disconnect you or put you on hold for 2+ hours and then the call drops. The system is BROKEN!!!

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Aisha Hussain

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That's exactly why I mentioned Claimyr earlier. Saved me so much frustration. Before finding them, I spent nearly a week trying to get through - either constant busy signals or being on hold for hours only to get disconnected. With them I was talking to an agent in under 30 minutes.

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Ethan Brown

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My condolences on losing your husband. When my husband died I was so overwhelmed with paperwork and decisions. Take your time and don't rush into decisions about benefits unless you have to for financial reasons. The choices you make now can affect benefits for many years.

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Sean Kelly

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Thank you for your kind words. It has been overwhelming trying to figure all this out while still dealing with grief. I appreciate the reminder to take my time with these decisions.

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