Can I collect Social Security survivor benefits from ex-husband's disability while remarried after 50?
After my first husband passed away last month, I've been trying to figure out my benefit options. We were married for 25 years before divorcing, and he was receiving SSDI (disability benefits) when he died. I'm currently 62 and remarried when I was 54. I've heard conflicting information about whether I can collect any survivor benefits based on my ex's record given that I remarried after age 50. Does anyone know the rules about this specific situation? The SSA website is confusing me with all the different survivor benefit scenarios. I'd really appreciate some clarity before I try calling the SSA office!
19 comments
Chloe Martin
Yes, you absolutely can collect survivor benefits from your ex-husband's record! The key is that you remarried after age 50. If you remarry after age 60 (or age 50 if disabled), you can still get survivor benefits based on your former spouse's work record. Since he was receiving disability benefits, those would have converted to survivor benefits upon his death. At 62, you have the option to take reduced survivor benefits now or wait until your FRA for the full amount. Just know that survivor benefits and retirement benefits are separate - you might be able to take one now and switch to the other later if that would maximize your benefits.
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Omar Fawaz
Thank you so much for this information! So even though I remarried at 54 (not 60), I can still qualify? This is such a relief. Do you know if I should apply right away or wait until FRA? I'm not sure which would be better financially in the long run.
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Diego Rojas
my mom was in a simlar situation and SSA told her wrong info 3 times!!! she was denied benefits she shouldve got because the reps didnt know the rulse about remarriage after 50. make sure u talk to somone who ACTUALLY knows the rules not just any rep
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Anastasia Sokolov
This happens ALL THE TIME with Social Security. My brother-in-law got told 4 different things by 4 different people about his disability claim. The whole system is broken.
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StarSeeker
To clarify something important: the remarriage after 50 rule applies specifically to survivor benefits when you're disabled. For non-disabled individuals, the remarriage rule is that you must remarry at 60 or later to preserve ex-spouse survivor benefits.Since you remarried at 54 and didn't mention being disabled at that time, you would NOT qualify for survivor benefits on your ex-husband's record. However, it's worth double-checking this with the SSA directly as there are sometimes exceptions based on your specific situation. Also, regardless of your survivor benefit eligibility, you might be eligible for spousal benefits on your current husband's record, or your own retirement benefits if you worked enough quarters.
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Omar Fawaz
Oh no, that's so disappointing! I was really hoping there was a path forward with my ex-husband's record since his benefit was quite substantial. I do have my own work record but took several years off to raise our children, so my benefit won't be very high. I'll definitely need to confirm this with SSA directly. Thank you for the clarification.
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Sean O'Donnell
I went through something similar! The key distinction in the rules is:1. For divorced spouse benefits (while your ex is alive): remarriage at any age disqualifies you2. For divorced spouse SURVIVOR benefits (after ex dies): remarriage before 60 disqualifies you UNLESS you were disabled and remarried after 50Unless you were declared disabled before you remarried at 54, you likely won't qualify. BUT! Here's what helped me get through to a knowledgeable SSA agent quickly. I used a service called Claimyr (claimyr.com) that got me connected to an SSA agent in under 10 minutes instead of waiting on hold for hours. They have a demo video at https://youtu.be/Z-BRbJw3puU showing how it works. The agent I spoke with was able to review my specific situation and give me accurate information, which was different than what I initially thought based on my research.
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Zara Ahmed
does this really work? i've spent HOURS on hold with social security and never got through!!
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Sean O'Donnell
Yes, it worked for me! I was skeptical too but was desperate after trying for days to get through. The service basically holds your place in line so you don't have to stay on hold. They call you back when an agent is available.
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Luca Esposito
My understanding is that SSA looks at your status when you apply for benefits, not when your ex passed away. So what matters is your age when you apply for survivor benefits. But honestly the remarriage rules are super confusing. I spent weeks trying to figure this out for my aunt.
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StarSeeker
This is incorrect. For survivor benefits, it's your age at remarriage that matters, not your age when applying. If you remarry before age 60 (or before age 50 if disabled), you generally cannot receive survivor benefits on a previous spouse's record while the current marriage exists.
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Omar Fawaz
Thank you all for your responses. I'm getting mixed messages here, so I definitely need to speak with SSA directly. I wasn't disabled when I remarried at 54, so it sounds like I probably don't qualify based on what most of you are saying. I'll try to reach SSA to confirm. Has anyone had any success getting through to them lately? The last time I called about my retirement benefits, I was on hold for over an hour before getting disconnected.
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Chloe Martin
I'd recommend calling right when they open at 8:00 AM local time on Wednesday or Thursday - those tend to be less busy days. Also, have all your documents ready: your marriage certificate from your first marriage, divorce decree, death certificate of your ex-husband, and proof of his disability status if you have it. And your current marriage certificate too. Good luck!
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Sean O'Donnell
One more thing to consider - even if you don't qualify for survivor benefits on your ex's record, you should still look into your options for spousal benefits on your current husband's record (if he's filed for his benefits) or your own retirement benefits. At 62, you can file for reduced benefits now, or wait until your Full Retirement Age for the full amount. And if your current husband has a lower earning record than your ex, it might be worth exploring if there are any exceptions to the remarriage rule in your state. The Claimyr service I mentioned earlier helped me get answers about these complicated situations without spending days trying to reach someone.
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Omar Fawaz
Thank you for the additional advice. My current husband is only 60 and hasn't filed yet, but I'll definitely look into all options. I appreciate the tip about the service - at this point I'd try anything to avoid more failed calls to SSA.
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Zara Ahmed
whatever you do DONT take advice from the first person who answers at SSA!!! ask to speak with a technical expert who knows the survivor rules. my mom lost out on thousands because the first person gave her wrong info and she just believed them!! its worth being persistent to get to someone who REALLY knows the survivor rules for divorced spouses.
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Anastasia Sokolov
So true!!! The first line reps often just read from a script and don't understand complex situations. I always ask for a
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Omar Fawaz
I appreciate everyone's input. I'll definitely ask for a technical expert when I call. I'm going to try calling first thing tomorrow morning and will also compile all my documents as suggested. If I can't get through, I might try that Claimyr service. I'll update this thread once I get definitive answers from SSA about my situation.
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Diego Rojas
good luck! the rules r so complicated with remarriage & survivor benifits. hope u can get thru to someone helpful!
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