Can I collect survivor benefits from both ex-spouse and new spouse if I remarry after 60?
Hi everyone, I'm planning ahead for my retirement and have a complicated survivor benefits question. My ex-husband and I were married for 32 years before divorcing in 2020. His SS benefits will be around $3,400/month based on his career as an engineer. I'm now dating someone wonderful who I might marry (I'm 62), but his SS benefits would only be around $1,900/month. I understand I'm eligible for survivor benefits from my ex if he passes away since we were married over 10 years. But here's my question: If I remarry after age 60 and then my new husband also passes away, can I choose which survivor benefit to take? Would I be able to claim the higher amount from my ex-husband rather than my new husband? The difference of $1,500 monthly would be really significant for my retirement security. I've tried calling SSA three times but keep getting disconnected after waiting for hours. Any insights from those who understand these survivorship rules would be so appreciated!
15 comments
Join the conversation
Mikayla Davison
Yes! You can actually receive whichever survivor benefit is higher in this situation. I went through something similar last year. Since you're remarrying after 60, you maintain eligibility for survivor benefits from your ex-spouse even after remarrying. If both your ex and new spouse pass away, SSA will pay you the higher of the two benefit amounts - they won't add them together, but you get to claim the larger one. Just make sure you keep your marriage certificate from the first marriage and your divorce decree readily available. SSA required all that documentation when I filed.
0 coins
Max Reyes
•Thank you so much for this information! That's exactly what I was hoping to hear. Did you have any issues when you applied for the benefits? I've heard horror stories about long wait times and paperwork getting lost.
0 coins
Adrian Connor
my mom was in this boat but SSA gave her wrong info and she lost out on $$$ for 8 months!!! make sure u get everything in writing. they told her she had to take her new husbands benefit even tho ex was higher. had to fight with them and got backpay eventually but what a mess
0 coins
Max Reyes
•Oh no, that's exactly what I'm worried about! Did your mom eventually get it straightened out? Did she have to go to the office in person or was she able to resolve it over the phone?
0 coins
Aisha Jackson
This is a nuanced situation but the rules are clear. Under Social Security regulations, if you remarry after age 60, you remain eligible for survivor benefits from your ex-spouse regardless of your new marital status. If both your former spouse and new spouse pass away, you would be eligible for survivor benefits from both, but you can only receive one - specifically the higher of the two amounts. One important distinction: this applies to survivor benefits only, not spousal benefits while both are alive. For survivor benefits, the fact that you remarried after 60 preserves your eligibility from the previous marriage. I recommend requesting an appointment with a claims specialist who specializes in survivor benefits to have this documented in your record.
0 coins
Ryder Everingham
•Wait thats really interesting! I didn't kno there was a diff between if u remarry before or after 60. So if someone remarries at 59 they lose access to ex-spouse survivor benefits? Seems like a weird cutoff but good to kno
0 coins
Lilly Curtis
After spending 3 weeks trying to get an answer to a similar question about my survivor benefits, I finally got through to an SSA agent using Claimyr (claimyr.com). They have a service that holds your place in line and calls you when an agent is available. I was skeptical but they have a video showing how it works: https://youtu.be/Z-BRbJw3puU For your specific question, the agent confirmed what others have said - you can receive the higher of the two survivor benefits if you remarry after 60. I'd recommend getting this confirmed for your specific situation though, since these benefits are so significant to your future.
0 coins
Max Reyes
•Thanks for the tip about Claimyr! I've been so frustrated with the phone waits. I'll check out that service since I really want to get an official answer documented before making any decisions.
0 coins
Leo Simmons
Y'all are missing a CRUCIAL point! The WEP and GPO rules could totally change this calculation if either husband worked for state/local govt jobs that didn't pay into Social Security! My sister thought she was getting her ex's higher benefit but then got hit with this Government Pension Offset and it SLASHED her expected payment by 2/3!!!! Check if either spouse had non-SS-covered employment before making ANY decisions!!!!
0 coins
Aisha Jackson
•This is a good point about WEP/GPO, though the original poster didn't mention government employment. But you're right that if either spouse had employment not covered by Social Security (some state/local government or foreign employment), the Windfall Elimination Provision or Government Pension Offset could reduce benefits. This is definitely something to discuss with a claims specialist.
0 coins
Lindsey Fry
this happened to my aunt and she got the higher amount so your fine. what your talking about is technically called "maximizing survivor benefits" and its one of the few planning strategies ssa still allows. my aunt said just make sure to bring death certificates for both husbands when the time comes (hopefully not for a long long time!
0 coins
Max Reyes
•Thank you for sharing your aunt's experience. That's reassuring! And yes, hopefully this is just planning that won't be needed for many years. I appreciate the tip about the death certificates too.
0 coins
Ryder Everingham
Not sure if this helps but my grandma had exact same situation except her second marriage was 5 years ago when she was 63. When her ex died first she got his benefits because they were higher. Then when her second husband died she kept getting the same benefit amount because it was still higher. SSA just told her she was getting the higher of the two automatically.
0 coins
Mikayla Davison
•That's exactly how it's supposed to work! The key is that she remarried after 60. If she had remarried at 59, she would have lost eligibility for her ex's survivor benefits completely. The 60+ remarriage rule is one of the most important planning considerations for people in this situation.
0 coins
Max Reyes
Thank you everyone for all this helpful information! I'm feeling much more confident now knowing that I should be able to claim the higher survivor benefit regardless of which spouse passes away first. I'm going to use that Claimyr service that was mentioned to speak with SSA directly and get this confirmed for my specific case. I'll also gather my marriage certificate and divorce decree to have them ready. So relieved to know this won't negatively impact my future financial security if I decide to remarry!
0 coins