Can my 65-year-old friend claim Social Security survivor benefits from ex-husband who remarried before death?

Yes! Your friend likely qualifies for surviving divorced spouse benefits. The marriage duration requirement is different for survivor benefits - only 10 years for spousal benefits from a living ex, but just 9 months for survivor benefits. Since they were married 8 years, that's well over the minimum. She'll need her marriage certificate, divorce decree, and his death certificate. She should apply ASAP since benefits can be retroactive up to 6 months. His remarriage doesn't affect her eligibility at all.

The previous answer is wrong!!! You ABSOLUTELY need 10 years of marriage for divorced spouse survivor benefits!!! I went through this exact situation with my sister-in-law and the SSA rep was very clear about this. The 9 month rule is ONLY for current marriages, not divorced spouses. Please don't give your friend false hope.

The 10-year marriage duration requirement applies to both divorced spouse benefits and divorced survivor benefits. This is clearly stated on the SSA website. For your friend to qualify for survivor benefits based on her ex-husband's record, they needed to have been married for at least 10 years. Since they were only married for 8 years, unfortunately she won't qualify. However, she should still contact SSA to confirm, as there are sometimes exceptions I'm not aware of.

My neighbor went through something similar! She was divorced after 7 years of marriage and her ex died, and she couldn't get survivor benefits. But then she found out she could get regular retirement benefits on her own record even though they were less. Your friend should definitely apply for her own retirement benefits at 65 if she hasn't already!

I spent 3 hours on hold with SSA last month trying to sort out a similar issue with my benefits. After being disconnected twice, I finally used Claimyr (claimyr.com) and got through to a real person in under 10 minutes. They have this service where they wait on hold and call you when an agent is on the line. Saved me so much frustration! You can see how it works here: https://youtu.be/Z-BRbJw3puU - Your friend should definitely call SSA directly because these divorced spouse rules can be complicated and her specific case might have unique factors.

everyone keeps saying different things!!! so confusing!! i think the 10 year rule is for regular divorce benefits but maybe its different for survivor?? why does social security have to be so complicated lol

I WENT THROUGH THIS EXACT THING!!! The SSA incorrectly told me I qualified when my ex died, then 6 months later said I didn't because we were only married 9 years and 10 months!!! They made me pay back ALL THE MONEY with interest! Your friend needs to be 100% sure before applying. The 10-year rule is strict and they count to the exact day. If they were married 8 years there's no way she qualifies as a surviving divorced spouse.

I need to correct my earlier response. I confused the 9-month duration requirement for current spouses with the requirement for divorced spouses. For divorced spouse survivor benefits, the 10-year marriage duration does apply. I apologize for the confusion. Your friend should still contact SSA directly to discuss her options, but based on an 8-year marriage, she likely won't qualify for survivor benefits on her ex's record.