Can I get Social Security survivor benefits after ex-spouse's death if divorced less than 2 years?
My former wife passed away unexpectedly last month. She was receiving SSDI benefits at the time of her death. Our divorce was finalized 22 months ago, so we'd been divorced for less than 2 years. I'm 62 years old now and remarried when I was 61. I've been searching online about survivor benefits for ex-spouses and thought I read somewhere that you need to be divorced for at least 2 years to qualify for any kind of widower benefits. I've spent hours on the SSA website but can't find anything specific about this 2-year divorce requirement. Does anyone know if this 2-year rule is real? And does my remarriage after 60 still allow me to claim anything based on her record? Any help would be appreciated!
18 comments
Carmen Vega
The 2-year divorce requirement isn't for survivor benefits - it's for SPOUSAL benefits when your ex is still alive. For survivor benefits (when an ex has passed away), there's no 2-year waiting period after divorce. You just need to have been married for at least 10 years before the divorce. The good news is that since you remarried after 60, you're still eligible for survivor benefits on your ex's record. Check this page: https://www.ssa.gov/benefits/survivors/ifyou.html under 'If You're The Divorced Spouse of a Worker Who Dies.'
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Yuki Kobayashi
•Thank you so much for clarifying! We were married for 26 years before the divorce, so that part isn't an issue. That's a huge relief to hear the 2-year rule doesn't apply in my situation. I'll check out that link right away.
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QuantumQuester
your confusing things. the 2 year rule is for disability benefits from a living ex-spouse not survivor benefits when they die. different rules apply.
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Yuki Kobayashi
•Thanks for pointing that out. I guess I was mixing up different benefit rules. This is all so complicated when you're trying to figure it out on your own.
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Andre Moreau
I went through something similar when my ex died. Do you know if your ex-wife had enough work credits for survivor benefits? That's the first thing SSA will check. Also, did she have any other survivors like children under 16 or disabled adult children? Those factors affected my benefit amount.
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Zoe Stavros
•Great point about the work credits. For survivor benefits, the deceased needs to have worked at least 10 years in most cases, but it can be less for younger workers. The exact requirement is based on "quarters of coverage" that vary by age. Since the OP mentioned his ex was on SSDI, she likely had sufficient work credits to qualify since SSDI has its own work requirement.
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Jamal Harris
The same thing happened to me last yr!!! My ex was on SSDI and died and I got widows benefits even tho we were divorced 19 months. I was NOT remarried tho so not sure about that part. The SSA office kept giving me run around took FOREVER to process my claim!!!
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Yuki Kobayashi
•That's good to hear you eventually got benefits despite the short time since divorce. Did you have to provide a lot of documentation? I'm worried about the hassle of going through all this while still processing her death.
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Mei Chen
There's often confusion between different Social Security rules. To clarify: 1. For divorced spouse benefits (when ex is alive): You must be divorced for at least 2 years unless your ex is already collecting benefits 2. For surviving divorced spouse benefits: No 2-year divorce duration requirement exists Requirements for survivor benefits as a divorced spouse: - Marriage lasted at least 10 years - You're at least 60 (or 50 if disabled) - You're not entitled to a higher benefit on your own record - If remarried, the remarriage occurred after you turned 60 Based on what you've shared, you likely qualify. Contact SSA directly to apply.
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Yuki Kobayashi
•Thank you for breaking it down so clearly! This makes much more sense now. I do have my own work record but it's significantly less than what she earned, so I think her record would give me a higher benefit. I'll definitely contact SSA to start the application process.
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Liam Sullivan
I tried for WEEKS to get through to SSA about survivor benefits when my spouse died. Constant busy signals and disconnections. Finally used a service called Claimyr (claimyr.com) that got me through to an agent in under 10 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - saved me so much stress during an already difficult time. Might be worth checking out if you're struggling to reach someone about your case.
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Yuki Kobayashi
•Thank you for the suggestion! I've been dreading the phone call process because I've heard how difficult it is to get through. I'll definitely look into this service. Anything to make this process less stressful would be helpful right now.
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QuantumQuester
Make sure u bring death certificate, marriage certificate, divorce papers, and ur id when u go to SSA. they always ask for more paperwork than u expect!!! good luck
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Carmen Vega
•That's great advice. I'd also recommend bringing your birth certificate and Social Security card. For survivor claims, they're very particular about having original documents or certified copies, not photocopies. And if you're going in person, make an appointment online first - it saves hours of waiting.
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Andre Moreau
One other thing to consider - will your current spouse's benefit be higher than what you'd get from your ex's record? If so, you might want to just stick with that when you reach full retirement age. SSA won't necessarily tell you which option is better financially, so you need to ask specific questions about potential amounts. I almost missed out on thousands by not comparing my options!
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Yuki Kobayashi
•That's an excellent point I hadn't considered. My current wife is 58 and still working, with a somewhat higher income than I had. I'll definitely need to compare all possibilities to see which would give the best benefit. This whole system is so complicated!
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Carmen Vega
One more important note: survivors benefits can be claimed as early as age 60 (unlike retirement benefits which start at 62), but taking them early will permanently reduce the monthly amount. At 62, you'd receive about 81.2% of what you'd get at your full retirement age. Sometimes it makes financial sense to claim survivor benefits early and then switch to your own retirement benefit later (or vice versa). This strategy can maximize your lifetime benefits.
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Yuki Kobayashi
•I had no idea about this option to switch between different benefits! So I could potentially take the survivor benefit now and then switch to my own retirement benefit later if that would be higher? That's definitely something I need to look into more. Thank you for this valuable information.
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