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Can both ex-wife and current spouse claim Social Security survivor benefits from same deceased husband?

My father just passed away last month and we're trying to figure out the Social Security survivor benefits situation. He was married to my mom for 15 years before they divorced in 1998. Then he married my stepmom in 2001 and they were together until he died (24 years). Both marriages were over 10 years long. My question is: can BOTH my mom (his ex-wife who never remarried) AND my stepmom file for survivor benefits based on his record? The funeral home person mentioned something about this being possible but I'm confused because I thought only one spouse could get survivor benefits. Dad worked his whole life and had a pretty good SS benefit amount. Does anyone know how this works with multiple long-term marriages?

Yes, both your mother and stepmother CAN potentially receive survivor benefits based on your father's record. This is one of the few situations where Social Security allows multiple people to collect on one person's record. Here are the requirements: - Your mother: Must have been married to him for at least 10 years, be at least 60 years old (50 if disabled), and not currently married (or remarried after age 60) - Your stepmother: As the widow who was married to him at the time of death, she qualifies as long as she's at least 60 (50 if disabled) or caring for his child under 16 Both women would receive their own survivor benefit amount based on your father's Primary Insurance Amount (PIA), their ages when they claim, and other factors. It doesn't reduce either benefit that both are collecting.

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Ravi Malhotra

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Thank you! That makes sense. My mom is 67 and never remarried, and my stepmom is 62, so it sounds like they both qualify. I'll let them both know they should contact SSA. Do they need to apply separately or is there some kind of joint process since it's the same deceased person?

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Omar Hassan

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my friend had this EXACT situation!!! both her mom and stepmom got survivors benefits from her dad. they both had to apply seperately and neither one knew about the other one getting benefits until later! SSA doesnt tell them

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Ravi Malhotra

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That's interesting! I wasn't sure if they'd both get approved or if one would somehow block the other. Good to know they each apply on their own.

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Chloe Robinson

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I work as a benefits counselor, and this is absolutely correct. Multiple survivors can collect on one worker's record as long as they each qualify under their own circumstances. The key points: 1. Ex-spouse survivor benefits require the 10-year marriage duration, which your mother meets 2. Current spouse survivor benefits have no duration requirement, though your stepmother clearly meets it with 24 years 3. Neither benefit reduces the other - they're calculated separately 4. Each must apply separately (Form SSA-10) 5. Both will need your father's death certificate and their marriage certificates 6. Your mother will also need the divorce decree Both should apply as soon as possible, as benefits are only backdated 6 months from application date at most.

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Diego Chavez

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I had a similar situation but got denied because I remarried at 58. The 'remarried after 60' rule is REALLY important for ex-spouses! Just adding this for others who might be reading this thread. If you remarry before 60, you lose access to your ex's benefits forever, even if the new marriage ends.

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NeonNebula

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I went through this with my mom. Getting through to Social Security is NIGHTMARE right now. My mom tried for 3 weeks and kept getting disconnected. She finally used a service called Claimyr (claimyr.com) to get through - they call SSA and when they reach a live agent, they connect you. Saved her hours of frustration. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once she got through, the agent was actually very helpful about the survivor benefits process. Make sure both women have all their documents ready when they call - especially marriage and divorce paperwork, as SSA will need to verify both relationships.

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Ravi Malhotra

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Thanks for the tip! I'll check that out. My mom has already tried calling twice and got disconnected both times. She was getting really frustrated.

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wait so if a guy has like 5 ex wives who were all married to him for over 10 years they ALL can get survivors benefits??? seems like a loophole lol

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Yes, technically all ex-spouses who meet the requirements (10+ year marriage, appropriate age, not remarried before 60) could receive survivor benefits from the same worker. There's no cap on how many ex-spouses can claim. But remember, the deceased person had to work and pay into the system for many years to earn those benefits, so it's not really a loophole - it's by design.

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Sean Kelly

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what you need to know is that survivor benefits can be up to 100% of what he was getting (if claimed at FRA) so tell both of them not to claim early if they dont have to!!!! claiming at 60 means only 71.5% of his benefit forever!!!! big difference

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Ravi Malhotra

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That's really good to know. My stepmom is 62 so maybe she should wait? My mom is already 67 so I guess she's at full retirement age already.

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This is important advice. The survivor benefit reduction schedule is different from retirement benefits: - Age 60: 71.5% of deceased's benefit - Age 61: 76.25% - Age 62: 81% - Age 63: 85.75% - Age 64: 90.5% - Age 65: 95.25% - Age 66 (FRA for survivors): 100% So your mother at 67 would receive 100%, while your stepmother at 62 would only get 81% if she claimed now. However, if your stepmother has significant earnings of her own, she might want to claim survivors now and switch to her own retirement at 70. It depends on their individual situations.

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Diego Chavez

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my husband died in january and im STILL waiting for survivors benefit to start!!! applied right away and its been complete chaos. SS kept saying they needed more documents even after i sent everything. so frustrating! make sure they keep copies of EVERYTHING they submit and get names of anyone they talk to!!!

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Omar Hassan

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same thing happened to my cousin! took 4 months to get first payment and then they didnt pay retroactive to the death date like they were supposed to. had to fight for another month to get that fixed. system is broken!!

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Sean Kelly

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they both qualify BUT tell them to check if they get more from their OWN ss benefits. survivor benefits only make sense if your dad's amount is bigger than their own. my mom got widows benefits for 2 months until ssa realized her own benefit was $47 more. they switched her automatically

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Chloe Robinson

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Great point. SSA will pay the higher of either their own retirement benefit or the survivor benefit, but not both. Your father's ex-wife and widow should both check their own benefit estimates on my.ssa.gov before applying.

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