Can both ex-spouse and current spouse claim Social Security survivor benefits on the same deceased person?

Yes, both your mom (ex-spouse) and his widow can potentially receive survivor benefits based on your father's work record. To qualify, your mom needs to meet these conditions: 1) she was married to him for at least 10 years, 2) she's at least 60 years old (50 if disabled), 3) she didn't remarry before age 60, and 4) the benefit she'd get on her own record is less than what she'd receive on his. His widow qualifies if she was married for at least 9 months before his death and meets the same age requirements. The good news is that survivor benefits paid to one doesn't reduce the amount available to the other - the full amount is payable to each eligible person.

sry but ur mom might be out of luck. my uncle tried to get benefits from his ex-wife when she died and SSA said no bc he remarried. rules r complicated

I've been through a similar situation when my father passed last year. My parents were divorced and both my mom and his widow applied for benefits. It was super stressful! They didn't tell each other at first and both were worried they wouldn't get anything if the other one applied first. But in the end, they BOTH got survivor benefits! The amounts were different though. My mom got less than his widow did. Something about the ex-spouse benefit being limited to a certain percentage? I should have written it down when the SSA agent explained it to me. Have either of them contacted SSA yet?

Dealing with SSA after a death is extremely frustrating. I spent WEEKS trying to get through on their 800 number when my husband died. Always busy or disconnected after waiting an hour!! I finally used a service called Claimyr (claimyr.com) that got me a callback from SSA within about 30 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me so much frustration! Both your mom and stepmom might want to try this instead of waiting forever to get answers about their benefits.

I work with retirement planning and see this situation fairly often. Here's what's important to understand about ex-spouse and current spouse survivor benefits: 1. The current widow will typically receive 100% of the deceased's benefit amount if she claims at her full retirement age. 2. The ex-spouse can receive up to 100% of what the deceased worker would have received, BUT this is reduced if she claims before her full retirement age. Both claims are handled completely separately by SSA. Each person files their own claim and it has zero impact on the other person's benefits. They don't need to coordinate applications or even be aware of each other's claiming status. One important note: If either woman has her own substantial work record, she should compare her own retirement benefit with the survivor benefit. In some cases, it makes sense to take one benefit now and switch to the other later.

When my best friend's father died last year, both her mom (current wife) and his ex filed for survivor benefits, and the whole thing caused a HUGE family fight. Just prepare yourself that this might get ugly, especially if either side thinks the other is getting more money or 'taking' benefits from them. Even though technically they don't affect each other, people get VERY emotional about money after a death. In my friend's case, there was actually a problem because her mom had been receiving spousal benefits already while he was alive, and that complicated her survivor claim. Just something to be aware of - the situation might be different if either wife was already getting any type of benefit.

Another important factor is the timing of when they each file. Filing for survivor benefits before full retirement age results in a reduction. At age 60, you'd get about 71.5% of the full survivor benefit. Each year you wait after that (until FRA) increases the percentage. Since you mentioned your mom is 67 and his widow is 63, this might affect how much each receives. Also, if your father had already started his Social Security benefits, the survivor benefit calculation gets more complex and might involve the 'Limited Income Widow(er)' benefit - or RIB-LIM provision. This can sometimes result in a higher payment, but it's one of the most complicated calculations SSA performs.

This is y the SS system is so messed up!! One guy works and now 2 different women get benefits??? My cousin pays into SS for 40 yrs and barely gets anything for himself but his exes can cash in when he's gone? The whole thing is rigged

Thank you everyone for the helpful information! I talked to both my mom and my stepmom separately and explained that they can both apply without affecting each other's benefits. They seemed relieved, though I think they're both still a bit skeptical. My mom is going to try that Claimyr service to get through to SSA faster instead of continuing to wait on hold. I'll update once they've both had their appointments and we know for sure what they'll receive. It's such a relief to know that this doesn't have to be another source of family conflict.

I'm so sorry for your loss. I went through something very similar when my dad passed away three years ago. He had been divorced from my mom for over 15 years and remarried, and we faced the exact same confusion about survivor benefits. What really helped our family was having both women apply at the same time and being completely transparent with each other about the process. Even though SSA handles each claim separately, it reduced a lot of the anxiety and suspicion when they both knew what the other was doing. One thing I learned is that the local SSA offices are often much more helpful than the phone lines - if either of them can get an in-person appointment, that tends to go smoother. The staff there seemed more patient explaining all the different scenarios and exceptions. Wishing your family peace during this difficult time.

I'm really sorry for your loss. This is such a difficult time for your family, and dealing with benefit questions on top of grief is incredibly stressful. From what I've seen in similar situations, it's actually quite common for both an ex-spouse and current spouse to be eligible for survivor benefits - the SSA system is designed to handle this. One thing that might help ease tensions is to frame this as both women having earned these benefits through their respective marriages and contributions to the family. Your mom supported your dad and the household for 22 years, and his widow did the same for 15 years. Neither is taking anything away from the other - they're both entitled to the security that comes from those partnerships. It sounds like you're being a great advocate for both of them by helping them understand the process and keeping things peaceful.

I'm sorry for your loss. This is definitely a confusing situation, but the good news is that both your mom and your father's widow can potentially receive survivor benefits without one affecting the other. The Social Security system recognizes that people can have multiple marriages, and benefits are calculated independently for each eligible person. One thing I'd recommend is encouraging both women to gather their documentation before contacting SSA - things like marriage certificates, divorce decree, death certificate, and their own Social Security statements. Having everything ready will make their conversations with SSA much smoother. Also, since you mentioned the funeral was already tense, it might help to remind both sides that survivor benefits aren't a zero-sum game - one person getting benefits doesn't reduce what's available to the other. This is built into how the system works. The timing of their applications doesn't matter either - they don't need to coordinate or worry about who files first. Each will be evaluated based on their own eligibility and circumstances.

I'm so sorry for your loss. This is such a difficult situation to navigate while grieving. I went through something very similar when my stepfather passed away two years ago. Both his ex-wife and my mother were eligible for survivor benefits, and the whole family was worried it would turn into a legal battle. What I learned is that the Social Security Administration is actually very experienced with these situations - it's more common than you might think. Both women can absolutely receive benefits based on your father's record, and the amounts are calculated completely independently. One thing that really helped our family was having a brief conversation where both parties acknowledged they were going to apply, just so there were no surprises. It didn't eliminate all the awkwardness, but it prevented a lot of unnecessary drama. Also, I'd suggest that both your mom and his widow ask SSA specifically about the timing of when to claim. Since they're different ages and may have different financial situations, the optimal claiming strategy might be different for each of them. Sometimes it makes sense to delay claiming to get a higher benefit amount. The most important thing I learned was that this isn't about anyone "deserving" benefits more than someone else - both marriages were significant parts of your father's life, and the system recognizes that.

I'm so sorry for your loss, and I can understand how overwhelming this must be on top of everything else you're dealing with. I work in elder law and see these situations frequently, so I wanted to add a few practical points that might help. First, you're getting great advice here - both women can absolutely receive survivor benefits independently. What I'd emphasize is that the SSA has very specific procedures for these cases, and the representatives are trained to handle them sensitively. One thing I always tell families is to encourage both parties to ask SSA about the "protective filing date" when they first make contact. This can sometimes preserve an earlier filing date even if it takes a while to get all the paperwork together. Also, if either woman is currently receiving any type of Social Security benefit (retirement, spousal, etc.), the transition to survivor benefits has special rules that are worth discussing. Given the family tensions you mentioned, it might help to remind everyone that your father paid into Social Security throughout his working years with the understanding that it would provide security for his family members. Both of these women were part of his family at different times, and the system is designed to honor those relationships. This isn't about taking anything away from anyone - it's about the security your father earned for the people he loved. Wishing your family peace during this difficult time.

I'm so sorry for your loss. This situation is actually more common than you might think, and I wanted to share some additional perspective that might help ease the family tensions. One thing that often gets overlooked in these discussions is that survivor benefits are calculated based on what's called the "family maximum" - but this applies per beneficiary category, not as a total pool that gets divided up. So your mom as an ex-spouse and his widow as a current spouse are in different categories, which is why one doesn't reduce the other's benefit. Also, since you mentioned both marriages were over 10 years, both women clearly meet the duration requirements. The fact that your mom never remarried before age 60 keeps her eligible, and the current widow's eligibility is straightforward. I'd suggest having both of them ask SSA about their "benefit estimate" rather than just whether they qualify. Sometimes the actual dollar amounts can be quite different based on factors like when your father started his benefits, their own work records, and their current ages. Understanding the specific numbers might help reduce some of the anxiety about the financial aspects. The most important thing to remember is that this system exists precisely because lawmakers recognized that people's lives are complex, and families take many different forms over time. Your father's contributions to Social Security were made with the understanding that they would provide security for his eligible family members - and both of these women qualify as that.

I'm so sorry for your loss. This is an incredibly difficult time, and dealing with benefit questions while grieving makes everything more stressful. I wanted to add one more perspective that might help with the family dynamics. From what you've described, it sounds like both your mom and his widow are approaching this with some anxiety about whether they're "entitled" to benefits or whether one might interfere with the other's claim. What I've learned from friends who've been through similar situations is that sometimes it helps to reframe this entirely: these aren't "survivor benefits" that someone is "claiming" - they're insurance benefits that your father earned through decades of work, specifically designed to provide security for his family members after his death. Both women contributed to your father's life and well-being during their respective marriages, and both marriages met the legal requirements that make them eligible. The Social Security system recognizes this reality and has built-in provisions to ensure that eligible family members can receive the security your father worked to provide. One practical suggestion: since you mentioned the funeral was already tense, it might help to have a brief conversation with both women where you acknowledge that this process might feel awkward, but that you're there to help them both navigate it without it becoming a source of family conflict. Sometimes just naming the elephant in the room can reduce a lot of the underlying tension. You're doing a great job helping both sides understand the process. This doesn't have to create more family drama - it can actually be resolved quite straightforwardly once they both have their conversations with SSA.

I'm so sorry for your loss. As someone who recently navigated a similar situation when my stepfather passed, I wanted to share what I learned that might help your family. The most important thing to understand is that survivor benefits aren't a limited resource that gets divided up - each eligible person receives their full calculated benefit independently. Both your mom and his widow can receive benefits based on your father's record without affecting each other at all. What really helped in our situation was having both parties understand that SSA handles hundreds of these cases every month - it's routine for them, even though it feels overwhelming for families. I'd recommend that when they contact SSA, they should ask specifically about: 1) their individual benefit estimate, 2) the optimal timing for filing (since they're different ages), and 3) how any benefits they're already receiving might transition to survivor benefits. The emotional piece is just as important as the financial piece - both women were significant parts of your father's life, and he paid into Social Security with the expectation it would provide security for his eligible family members. That's exactly what's happening here. You're doing a wonderful job advocating for both of them during such a difficult time.

I'm so sorry for your loss, and I can only imagine how difficult this must be for your entire family. What you're describing is actually a very common situation that the Social Security Administration handles regularly. Both your mom and your father's widow can absolutely receive survivor benefits based on his work record, and importantly, these benefits are calculated completely independently - one person's benefit doesn't reduce what's available to the other. Since your mom was married to your father for 22 years, never remarried, and is 67, she meets all the eligibility requirements for divorced spouse survivor benefits. His widow, having been married to him for 15 years at the time of his death, also clearly qualifies for widow's benefits. The SSA system is specifically designed to handle these situations because they recognize that people's lives and families can be complex. One thing that might help reduce family tensions is to explain to both women that they don't need to coordinate their applications or even be aware of each other's filing status. Each will work directly with SSA based on their own circumstances. Also, since they're different ages, their optimal claiming strategies might be different - they should each ask about the best timing for their individual situations. I'd encourage both of them to gather their documentation (marriage certificates, divorce decree, death certificate, Social Security statements) before contacting SSA, as this will make the process much smoother. The fact that you're helping both sides navigate this with such care and sensitivity speaks volumes about your character during an already difficult time.