Can I still claim ex-husband's Social Security survivor benefits if I remarry at 62? Married 10+ years
Hi everyone, I'm trying to figure out a complicated Social Security situation. My husband passed away last year after we'd been divorced for about 12 years (we were married for 15 years total). I'm currently 60 and thinking about remarrying my current boyfriend next year when I'm 62. Someone at my church told me that I might lose survivor benefits from my ex-husband if I remarry, but then someone else said that's not true if you're over 60 when you remarry? I'm really confused about how this works. I don't want to lose those survivor benefits since they would be higher than my own SS retirement. Does anyone know the actual rules about remarriage after 60 and survivor benefits from an ex-spouse? Thanks for any help!
16 comments
Oliver Weber
Yes, you CAN still receive survivor benefits based on your deceased ex-husband's record even if you remarry, as long as that remarriage occurs after you turn 60. The 10+ years of marriage requirement applies to divorced spouse benefits (when ex is still alive), but since you were married 15 years, you meet that requirement anyway. The SSA specifically allows for this exception to help protect older Americans' financial security. When you apply, make sure to bring both your divorce decree and your ex's death certificate.
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Amina Toure
•Thank you so much! That's a huge relief. Do I need to file for these benefits before I get remarried, or can I wait until I'm closer to retirement age?
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FireflyDreams
I went through almost this exact situation last year. My ex passed away and I was planning to remarry at 61. I was having TERRIBLE anxiety about losing benefits and couldn't reach anyone at Social Security (called for weeks!!!). I finally used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 10 minutes. They confirmed everything - remarriage after 60 doesn't affect survivor benefits from a deceased ex-spouse. Their video demo shows how it works: https://youtu.be/Z-BRbJw3puU. Saved me weeks of stress and uncertainty!
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Natasha Kuznetsova
•thx for sharing this! ive been trying to get thru to ssa for 2 weeks about a completely diffrnt issue. gonna try this tmrw.
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Javier Morales
Just to add some additional information - you should know that you have options regarding WHEN to claim these survivor benefits. You could take reduced survivor benefits as early as age 60 (or 50 if disabled), and then switch to your own retirement benefit at your Full Retirement Age (FRA) if that would be higher. Or you could take your own reduced retirement benefit at 62 and then switch to the unreduced survivor benefit at your FRA. It depends on the relative amounts and your financial needs. This strategy of switching between benefit types is still allowed even with the newer SS rules.
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Amina Toure
•This is really helpful! I didn't realize I could switch between different benefits. My ex made quite a bit more than me during his career, so his benefit would probably be higher. I'll need to figure out the best timing strategy.
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Emma Anderson
You should be careful though because Social Security rules are VERY confusing and they change them all the time without telling anyone!!!! My aunt got remarried at 63 and they DID take away her benefits and she had to fight for MONTHS to get them back. The people at the SS office don't even know their own rules half the time. Make sure you get EVERYTHING in writing!!!
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Oliver Weber
•While it's true that SSA representatives occasionally provide incorrect information, the rule about remarriage after 60 not affecting survivor benefits has been consistent for many years. Your aunt's situation might have involved other factors, or perhaps there was confusion between survivor benefits and other types of benefits which do have different remarriage rules. It's always good to get documentation though - I agree with that part.
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Malik Thompson
Just curious - does anyone know if this same remarriage rule applies to SSDI? My sister is on disability and thinking about getting married but worried about losing benefits. Not trying to hijack the thread but thought someone here might know since we're discussing marriage and benefits.
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Javier Morales
•That's actually a completely different situation. SSDI (Social Security Disability Insurance) benefits are based on your own work record and aren't affected by marriage. You might be thinking of SSI (Supplemental Security Income), which can be reduced if you marry someone with income or resources, as SSI is needs-based. But for the original poster's situation regarding survivor benefits, the remarriage after 60 rule is what matters.
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Isabella Ferreira
the 60 rule is correct i got remarried at 61 after my husband died and still get his ss which is way more than id get on my own. but make sure u bring every document they ask for to your appointment otherwize theyll make u come back again and its such a pain dealing with their office
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Amina Toure
•Thanks for sharing your experience! It's reassuring to hear from someone who's actually gone through this. Did you have to wait long to get approved for the survivor benefits?
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Natasha Kuznetsova
wait i'm confused...doesnt the 10 year rule only apply if ur divorced? if ur actually married when they die dont u get survivors benefits regardless of how long u were married? or am i thinking of something else
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Oliver Weber
•You're correct. The 10-year marriage duration requirement only applies to divorced spouse benefits (both retirement and survivor). If you were married at the time of death, there's only a 9-month marriage requirement for survivor benefits (with some exceptions for accidental death). Since the original poster was divorced when her ex passed away and they were married for 15 years, she qualifies under the divorced spouse rules.
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Amina Toure
Thanks everyone for all this helpful information! One last question - does anyone know if I need to go to the Social Security office in person to apply for survivor benefits, or can I do it online? Their website is a bit confusing to navigate.
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Javier Morales
•For survivor benefits, the SSA generally requires an interview either in person or by phone. While you can start the process online, you'll likely need to complete it with a representative. This is because survivor claims often have complexities that require discussion. I'd recommend calling ahead to schedule an appointment rather than walking in, as wait times can be very long. Make sure to have your ex's Social Security number, death certificate, marriage certificate, and divorce decree ready.
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