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

My father passed away last month and there's some confusion about survivor benefits. He was married to my mom for 22 years before they divorced in 2006. He then remarried in 2010 and was with his second wife until his death. Both marriages were over 10 years long. My mom never remarried after the divorce. Now both my mom (the ex) and his widow are planning to file for survivor benefits. Is this even allowed? Can they both collect survivor benefits based on his record? The funeral was already tense enough and now this financial question is making things worse. I'm trying to help them understand their options without adding to the family drama.

Keisha Thompson

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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.

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TechNinja

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Thank you so much for this clear explanation! Mom is 67 and definitely worked less than dad during their marriage (she stayed home with us kids for several years). His widow is 63. So it sounds like potentially both could qualify. Would they both get the same amount? And do they need to coordinate their applications with each other or just deal with SSA separately?

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Paolo Bianchi

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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

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Keisha Thompson

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Just to clarify, the remarriage rule is important, but it depends on WHEN the remarriage occurred. If remarriage happens AFTER age 60 (or age 50 if disabled), the ex-spouse can still qualify for survivor benefits. In this case, OP mentioned the mom never remarried after the divorce, so she's still eligible.

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Yara Assad

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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?

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TechNinja

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That's reassuring to hear that it worked out in your family's case. My mom has been trying to call SSA for days but can't get through to anyone. His widow made an appointment at the local office for next week. I was hoping to get some clarity before then so I could help explain things to both of them. They don't communicate directly with each other which makes this all harder.

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Olivia Clark

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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.

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TechNinja

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Thanks for the suggestion! I'll definitely look into this. My mom's been calling repeatedly with no luck, and I think having an actual person explain her specific situation would be really helpful. I'll send her that link.

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Yara Assad

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I used this service too! It was such a relief after days of busy signals and disconnections. The SSA agent who called me back was actually super helpful once I finally got to talk to a real person.

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Javier Morales

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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.

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Natasha Petrov

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Wait I'm confused... I thought survivor benefits were always just 75% of what the deceased worker got? That's what my neighbor told me when her hubby passed.

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Javier Morales

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There's often confusion between different types of Social Security benefits. The 75% figure typically applies to survivor benefits for a dependent child, or to spousal benefits (when both spouses are living). For a widow(er) or surviving divorced spouse who has reached full retirement age, the survivor benefit can be up to 100% of the deceased worker's benefit amount.

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Connor O'Brien

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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.

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TechNinja

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That's a good point - I think his widow was already receiving some kind of spousal benefit since she retired a couple years ago. I'll make sure to mention that when she talks to SSA. And yes, unfortunately, the emotional tensions are already high. I'm trying to help them both understand that one doesn't take away from the other.

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Keisha Thompson

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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.

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TechNinja

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Thank you for this additional information. My father had started his benefits at 62 (he was 73 when he passed), so I guess the RIB-LIM provision might apply. I'll make sure both my mom and his widow ask specifically about this when they speak with SSA. It's starting to make sense why they both need to have individual conversations with SSA about their specific situations.

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Paolo Bianchi

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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

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Javier Morales

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The system is actually designed this way intentionally to recognize the economic contribution of spouses, including those who may have given up career opportunities to raise children or support the household. Your cousin's benefit amount is based on his own earnings record, while survivor benefits reflect the reality that many families made joint decisions that affected both spouses' earning potential. It's not about someone 'cashing in' but providing financial stability after the loss of a spouse or ex-spouse.

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TechNinja

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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.

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Yara Assad

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Please do update us! When I went through this with my family, the actual benefit amounts were different than what we expected. There are so many little rules and exceptions that can affect the final number.

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