Can I collect Social Security spousal benefits if my spouse only receives survivor benefits?

I think u need to talk to a REAL expert not just the regular phone people. when i called with a similar question the first 2 reps gave me TOTALLY wrong info. only when I got to a supervisor did i get the right answer. have u tried going into your local office? sometimes they know more.

This is a great question that confuses many people. The short answer is no - you cannot claim spousal benefits based on your husband's record if he is only receiving survivor benefits from a previous marriage. For spousal benefits to be available, your husband must have filed for his OWN retirement benefits. The rule is specific: spousal benefits become available when the primary worker (your husband) has filed for his retirement benefits based on his own work record. Survivor benefits he receives from his deceased first wife don't trigger eligibility for spousal benefits for you. Once your husband decides to file for his own retirement benefits (which he can do anytime between age 62-70), then you would become eligible for spousal benefits based on his record, assuming you meet all other requirements.

when my sister was in this EXACT situation her husband was geting survivor benifits from his 1st wife and she couldn't get the spousal benefit!!! SSA told her that he needs to be geting HIS OWN benefits not someone elses benefits (even tho its still coming from Social Security) really confusing but thats how it works i guess

Have you considered if taking your own benefits might actually be better? Many people focus so much on spousal benefits they don't run the numbers on their own work record. If you've worked 35+ years, your own benefit at full retirement age might be higher than 50% of your husband's. Also, if you take your own benefit now and let it grow until your husband eventually files for his retirement (triggering your spousal eligibility), you might come out ahead financially in the long run depending on your life expectancy and benefit amounts.

All these rules are INTENTIONALLY confusing!! The whole system is designed to make us give up! I spent 3 MONTHS trying to get a straight answer about my widows benefits and got 5 different answers from 5 different SSA employees!!! The government WANTS us to make mistakes so they can pay less!!

After helping my parents navigate a similar situation recently, I can confirm what others have said - your husband must be collecting his OWN retirement benefit for you to be eligible for spousal benefits. A specific section of the SSA Program Operations Manual System (POMS) covers this exact situation. One workaround to consider: if your husband files for his retirement benefit but it's lower than his survivor benefit, he can actually receive a combination of benefits that equals the higher amount. So he could file for retirement (making you eligible for spousal benefits) without actually reducing his total monthly payment if his survivor benefit is higher. But timing is everything here - if your husband is under FRA (Full Retirement Age), there could be early filing reductions to consider for both of you.

To answer your follow-up question: Your husband can file for his retirement benefit without reducing his survivor benefit. SSA will pay him an amount equal to the higher of the two benefits. Here's how it works: If his survivor benefit is $2000 and his own retirement at 65 would be $1800, SSA would pay him $1800 as retirement and $200 as survivor (totaling the higher $2000 amount). This approach makes you eligible for spousal benefits while maintaining his current payment level. But there's an important consideration: filing for his retirement before his FRA will permanently reduce that benefit amount. This might not matter now while survivor benefits are higher, but could impact him later if the survivor benefit ever stops for some reason.

im in almost the same situation except im the one getting survivor benefits! its so confusing i dont understand why they make everything so complicated! good luck hope you figure it out!

I was having the worst time getting through to SSA about my application too! Busy signals, disconnected calls, on hold forever. I found this service called Claimyr (claimyr.com) that got me connected to a real SSA agent in under 20 minutes when I'd been trying for days on my own. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - might be worth it to finally get a definitive answer from SSA about your specific situation.

my neighbor works at SS office and she says ppl come in ALL THE TIME confused about this exact thing!! the rule is simple - no retirement benefit filed = no spousal benefits for current spouse. its in their manual but nobody reads it!

wait I just remembered something important!!! if ur turning 62 soon make sure u understand deemed filing!!! the rules changed after 2015 and now if u file for ANY benefit they automatically make u file for ALL benefits ur eligible for! so u cant do that strategy where u take spousal first then switch to ur own later like people used to do!!

If your husband is 64 and receiving survivor benefits, and you're turning 62, you might want to consider a 2-step strategy that could maximize your household benefits over time: 1) You file for your reduced retirement benefit at 62 (accepting the reduction) 2) When your husband reaches 70, he switches to his own retirement benefit (maximized with delayed credits) which then triggers your eligibility for potentially higher spousal benefits While you'd have a permanent reduction on your own benefit from filing early, the years of receiving some benefit (rather than nothing) plus the eventual higher spousal amount might work out better financially depending on your specific benefit amounts and life expectancy. I'd recommend sitting down with a financial planner who specializes in Social Security claiming strategies to review all your options with actual numbers.