Can I get survivor benefits if spouse died before 12-month marriage requirement? Ex-husband's SS and Medicare questions
I had the weirdest conversation with a Social Security rep yesterday that has me confused but hopeful. They told me I can claim survivor benefits from my FIRST husband (who I divorced years ago) instead of my RECENT husband who passed away 2.5 months before we hit our one-year anniversary. Apparently that 12-month marriage rule is stopping me from getting anything from my second husband's record. The rep said since I'm not remarried at 60, I qualify for ex-spouse survivor benefits from my first marriage. I've been struggling financially for years, so I'm definitely taking benefits at 60 even though I know waiting means higher amounts. I never worked enough quarters to qualify for SS on my own. What I forgot to ask about: 1. Will I owe taxes on survivor benefits? 2. Can I get Medicare through my first husband's record too? The rep was really abrupt and made me feel stupid for asking questions. I have a phone appointment to file my claim on March 31st and want to have all my questions ready. After years of barely making ends meet on my own, I'm so relieved to finally be getting SOMETHING. And there's a bit of satisfaction knowing I'll finally get something positive after enduring years of abuse in that first marriage.
16 comments


Oliver Zimmermann
yes u can claim from 1st husband if u were married 10+ years. they wont let u claim from 2nd husband who died before 12 months - thats a strict rule unless u have his kid. taxes depend on ur other income. if SS is ur only income probably no taxes. medicare comes with SS when ur 65 no matter whose record.
0 coins
Amina Toure
•Thank you! We were married almost 15 years (the first husband). So Medicare doesn't start automatically when I get survivor benefits at 60? I have to wait until 65?
0 coins
Natasha Volkova
You're in a complex but not uncommon situation. Let me clarify a few things: 1. Yes, you can receive survivor benefits on your ex-spouse's record if you were married at least 10 years, you're unmarried now, and you're at least 60. 2. About taxation: Social Security benefits may be taxable depending on your combined income. If Social Security is your only income, you'll likely pay no taxes. If you have other income, up to 85% of your benefits might be taxable if your combined income exceeds certain thresholds. 3. Regarding Medicare: Even though you can get survivor benefits at 60, Medicare eligibility still begins at 65 in most cases. When you turn 65, you'll be eligible for Medicare through your ex-spouse's record. 4. It's perfectly normal to have questions! I recommend writing down all your questions before your March 31st appointment. Ask about potential benefit amounts, when payments would start, and any documentation you need to provide. Hoping this helps ease your mind before your appointment.
0 coins
Amina Toure
•Thank you so much for this detailed explanation! I'll definitely write down all my questions before the appointment. One more thing - do you know if there's a way to see how much my benefit amount might be before the appointment? The rep didn't tell me and I'm trying to plan my budget.
0 coins
Javier Torres
When my husband died, I was treated SO RUDELY by the SS people!! I swear they train them to be short and unhelpful. I had to call like 8 times to get someone who would actually answer my questions properly. It's ridiculous how they treat people who are just trying to understand their benefits!!!!
0 coins
Emma Davis
•Same thing happened with me. Waited 2 hours on hold then they rushed me off the phone in 5 minutes. They act like we're bothering them when it's LITERALLY THEIR JOB to help us understand this complicated system.
0 coins
CosmicCaptain
I was in a somewhat similar situation a few years back. Instead of struggling with unhelpful SSA representatives on the phone, try using Claimyr (claimyr.com). It's a service that gets you through to a real SSA agent quickly instead of waiting hours on hold. Saved me so much frustration when dealing with my complicated survivor benefits questions. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU For your specific situation, definitely ask about the exact benefit amount you'll receive. I found out I was eligible for more than initially quoted because the first rep missed some details in my ex's earnings record. Also ask about the earliest payment date - sometimes there's retroactive benefits available.
0 coins
Amina Toure
•Thank you for this suggestion! I've been dreading the phone appointment because of how the last call went. I'll check out that service before my appointment. And good tip about asking for the exact amount and earliest payment date!
0 coins
Malik Johnson
You mentioned you don't qualify for Social Security on your own record, but are you sure about that? Even with limited work history, you might have enough credits for at least some benefits. Ask the representative to check your own earnings record during your appointment. Sometimes it's beneficial to take a smaller benefit from your own record now and switch to the survivor benefit later, or vice versa depending on the amounts. Regarding Medicare, since you'll be taking benefits at 60, you'll still need to find alternative health insurance until 65 when Medicare eligibility begins. The five-year gap is something many people don't anticipate when claiming early survivor benefits. As for taxation, if your total income (including half of SS benefits) exceeds $25,000 as an individual, then up to 50% of your benefits may be taxable. Above $34,000, up to 85% becomes taxable. Make sure to consider this when budgeting.
0 coins
Amina Toure
•I only worked part-time jobs off and on for maybe 7-8 years total, so I don't think I have enough credits. But you're right, I should ask them to check. The gap in health insurance is a big concern. I've been using the marketplace but it's so expensive even with subsidies. Thanks for the tax info - that helps a lot with my planning!
0 coins
Isabella Ferreira
my aunt got survivors from her ex husband and then when she turned 67 she switched to getting benefits from her 2nd husband who died and it was more money. maybe you should ask if you can do that later since your 2nd husband prob had higher earnings? just a thought. the SSA people never volunteer this stuff you have to ask specifically!!!
0 coins
Natasha Volkova
•This is incorrect information. The second husband's benefits aren't available to her because they weren't married for at least 9 months before he passed away (they were only married 10.5 months according to the post). The 9-month duration of marriage requirement is waived only in certain circumstances like accidental death or if they have a child together. Unless one of those exceptions applies, she cannot claim on the second husband's record at any age.
0 coins
Emma Davis
Make sure to ask about the Lump Sum Death Payment too! If you were living with your second husband when he passed, you might qualify for the $255 payment even if you don't qualify for monthly survivor benefits. It's not much but every bit helps. Also, something I learned the hard way - bring proof of ALL your marriages and divorces to your appointment. They wanted my marriage certificate from 30 years ago! I had to reschedule and hunt through old boxes. Have birth certificates, social security cards, death certificates, marriage/divorce papers all ready to go so you don't have to do multiple appointments.
0 coins
Amina Toure
•That's really helpful! I wouldn't have thought to bring ALL that documentation. I'll start gathering everything now. And thank you for the tip about the lump sum payment - I hadn't heard about that and you're right, every bit does help in my situation.
0 coins
Oliver Zimmermann
when u go on SS at 60 u get 71.5% of what youd get at full retirement age. make sure u can live on that amount. my sister thought shed get full amount and was shocked how much less it was taking early.
0 coins
Amina Toure
•Thank you for this warning. I didn't realize the reduction was that significant! I'll definitely ask for the exact amount during my appointment. Even a reduced amount will help my situation, but I need to know the number for planning.
0 coins