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

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.

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

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!!

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!

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.

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!!

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.

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

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!!!

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.

I work as a paralegal at a law firm that handles Social Security cases, and I want to emphasize a few key points that might help you: 1. You are absolutely eligible for survivor benefits since you were married to your husband when he passed away and had been for 4 years (well over the 9-month requirement). 2. When you apply, make sure to ask SSA to calculate what your benefit would be if you waited until your full retirement age vs. taking it at 60. The reduction is significant - about 28.5% less at age 60. 3. If you're still working, be aware of the earnings limit. For 2024, if you're under full retirement age, you can earn up to $22,320 without affecting your benefits. Every $2 you earn over that limit reduces your benefits by $1. 4. Consider consulting with a Social Security attorney for a free consultation if your situation feels complex. Many of us offer free initial consultations for survivor benefits cases. The good news is your case seems straightforward - you were married at the time of death for more than 9 months, which is all that matters for survivor benefits eligibility.

I'm so sorry for your loss, Sean. As someone who went through a similar process last year, I wanted to share what I learned. You're definitely eligible for survivor benefits! Since you were married to your husband when he passed away (regardless of the previous divorce), the only requirement is that you were married for at least 9 months at the time of his death - which you were for 4 years during your second marriage. One thing that really helped me was creating a timeline of all my important dates and gathering every document beforehand. For your situation, I'd recommend bringing: - Both marriage certificates (from your first and second marriages to him) - Your divorce decree from the 2-year separation period - His death certificate - Both of your Social Security cards - Your birth certificate Also, don't feel pressured to start benefits immediately at 60 if you don't need them right away. The reduction for taking them early is substantial, and if you're still working, the earnings test could affect your payments. Take time to understand all your options first. Wishing you the best during this difficult time.