Can I get Social Security survivor benefits from first husband after a short second marriage?
I need some help figuring out my Social Security options. My first husband and I were married for 12 years before we divorced. Then I remarried but that only lasted 3 years before we divorced too. This all happened about 30 years ago and I never married again after that. My first husband passed away recently at 62, and I just turned 62 myself. I've been trying to understand if I qualify for survivor benefits from my first husband even though I had that brief second marriage. The SSA website is confusing me, and when I called, I sat on hold for 45 minutes and then got disconnected. Does anyone know if that short second marriage disqualifies me? Would really appreciate some guidance before I try calling them again.
17 comments
Elijah O'Reilly
I think ur fine. My mom was in same boat except her 2nd marriage was 5 yrs. SSA told her as long as she wasn't married at the time she filed for benifits from 1st husband she could get them. Call again, sometimes they have wrong info tho.
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Natalie Adams
•Thank you! That's encouraging to hear. Did your mom have to provide divorce papers from both marriages? I'm worried because it was so long ago, I'd need to track down those documents.
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Amara Torres
Yes, you absolutely can qualify for survivor benefits from your first husband. The marriage rule for survivor benefits is that you must have been married for at least 9 months (which you were at 12 years), and if divorced, the marriage must have lasted at least 10 years (which yours did). The key factor is that you are currently unmarried at the time you apply for survivor benefits. Your second marriage doesn't matter since you're no longer married. If you were still married to your second husband, then you couldn't claim on your first husband's record. Keep in mind that at 62, you'll receive a reduced benefit - approximately 71.5% of what you would get at your full retirement age. You might want to calculate if it makes sense to wait a bit longer to claim if you can afford to.
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Olivia Van-Cleve
•WRONG!!! This advice could cost the OP thousands!! The 10-year rule is for divorced SPOUSE benefits, NOT divorced SURVIVOR benefits. For divorced survivor benefits, the marriage only needs to have lasted 9 MONTHS, not 10 years. She qualifies either way, but please don't spread wrong info!!
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Mason Kaczka
I had similar situation years back. The SSA requires you bring both marriage certificates and divorce decrees. Make sure you get certified copies! I brought photocopies and they made me come back. So frustrating!! Also the survivor benefit is reduced if you take it before your FRA (full retirement age). Have you worked enough to qualify for your own benefits too? Sometimes it makes sense to take survivors now and switch to your own later or vice versa.
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Natalie Adams
•I do have my own work record, but it's not very strong. I took a lot of years off to raise kids and then worked part-time. I'll definitely get certified copies - that's a really good tip. I was thinking I'd have to dig through boxes in my attic but maybe I should just request new copies from the county where we got married/divorced?
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Sophia Russo
From my experience with SSA, you'll want to get an appointment and speak with someone who specializes in survivor benefits. I tried for WEEKS to get through on the phone and it was impossible. I finally discovered a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU It was worth it to avoid the endless hold times and disconnections. The SSA agent I spoke with was able to see all my marriage history in their system and confirmed my eligibility right away. They'll need to calculate your specific benefit amount based on your ex's earnings record and when you're applying.
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Evelyn Xu
•I've heard of that service too! My neighbor used it when he was dealing with an overpayment issue. Said it saved him hours of frustration.
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Dominic Green
The rules for Social Security survivor benefits in your situation are actually quite clear. Since your first marriage lasted more than 9 months (the minimum for survivor benefits) AND more than 10 years (the minimum for divorced spouse benefits), you are eligible as a surviving divorced spouse. Your second marriage ended in divorce, so it doesn't affect your eligibility. However, there's an important strategy consideration at your age. At 62, you'll receive approximately 71.5% of your deceased ex-husband's full benefit amount. If your own retirement benefit might be higher later, you could: 1. Take the reduced survivor benefit now 2. Switch to your own retirement benefit at 70 (when it reaches its maximum) Or if your own benefit is lower: 1. Take your own reduced retirement benefit now 2. Switch to the full survivor benefit at your full retirement age (probably 66+) This coordination can mean tens of thousands of dollars difference over your lifetime.
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Natalie Adams
•Thank you for such a detailed explanation! I hadn't even thought about the strategy of switching between benefits. My work record isn't great, so I think the first option might be better - taking survivor now and maybe my own later if it grows enough. Do you happen to know if I need to bring specific documents to prove all this when I apply?
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Olivia Van-Cleve
The SSA website is THE WORST!!! I spent days trying to understand the survivor rules and got conflicting info even from their own representatives. One told me I couldn't get benefits because I had remarried (even though I was divorced again) which was COMPLETELY WRONG!!! THE FACTS: You CAN get survivor benefits from your first husband because: 1. You were married 10+ years (only need 9 months for survivor but 10 years for divorced spouse) 2. You are not currently married 3. You are at least 60 years old BUT at 62 you only get 71.5% of what you'd get at full retirement age! They PENALIZE you for claiming early!!! Keep that in mind!!
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Elijah O'Reilly
•yep they always try to confuse ppl so they dont have to pay what they owe. my aunt almost gave up bcuz they kept giving wrong info
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Evelyn Xu
I went through this same thing last year. Got the runaround for months. Take it from me - get EVERYTHING in writing. I had an agent tell me one thing, then went back and they denied knowing anything about it. The documentation you'll need: birth certificate, both marriage certificates, both divorce decrees, your SSN card, and your ex's death certificate. They might say you don't need all that but bring it anyway. Better safe than having to make multiple trips.
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Natalie Adams
•Thank you for the document list! I just realized I don't have my ex's death certificate. We weren't in touch after the divorce. Do you know if the SSA can access that information or do I need to somehow get a copy myself?
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Amara Torres
To clarify about the death certificate - you may not need it. SSA often has death information in their system already, especially if your ex was receiving Social Security benefits. When you schedule your appointment, ask if they already have this information. Regarding your claiming strategy, since your work record isn't strong, taking survivor benefits now likely makes sense. However, I'd recommend you request a calculation of both benefits during your appointment so you can see the actual numbers. Even a seemingly small work record can grow with delayed retirement credits if you wait until 70. One thing to remember - survivor benefits don't grow after your full retirement age, so there's no advantage to waiting beyond that point for the survivor benefit.
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Natalie Adams
•This is so helpful! I'll definitely ask about both calculations. I wasn't aware that survivor benefits don't increase after full retirement age - that's really important to know. I'm going to try to make an appointment this week.
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Mason Kaczka
When I went through this process, the SSA office told me they prefer appointments for survivor benefit applications because they're more complex. I tried to apply online and ended up having to go in person anyway. Just a heads up - their website says 60 days for processing but mine took almost 4 months before I saw the first payment! And they were backdated to my application date, so it was a big lump sum. Make sure you have enough savings to tide you over while waiting.
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