Can my dad's ex-wife still get survivor benefits when his second wife also qualifies? Confused about Social Security maximums
My aunt Janice (79) has been receiving divorced spouse benefits based on my uncle Frank's work record for about 12 years now. They were married for 22 years before divorcing in the late 90s. Uncle Frank remarried about 5 years after their divorce to his second wife, Helen. Sadly, he passed away last week, and now everyone's trying to figure out the benefit situation.I'm trying to help Aunt Janice understand what she needs to do now. Does she automatically start receiving survivor benefits or does she need to apply? She's worried because Helen will obviously be getting survivor benefits too.The big question is: what's the maximum percentage of Frank's benefit that Janice can receive as his ex-wife? Does Helen's claim reduce what Janice can get? Aunt Janice is really stressed about this because her current benefit isn't enough to cover her rising expenses, and she was counting on getting more when Frank eventually passed.Any help understanding how this works would be greatly appreciated! The SSA website is so confusing on this topic.
18 comments


Sean Murphy
Your aunt needs to contact Social Security ASAP to apply for survivor benefits - they don't switch automatically. As a divorced spouse who was married 10+ years and didn't remarry before 60, she can receive the same survivor benefits as if they were still married - up to 100% of his full benefit amount.The good news is that multiple survivor beneficiaries don't affect each other - Helen's claim won't reduce what your aunt receives. Each eligible survivor can receive their full entitlement amount. There's no splitting of benefits between survivors.She'll need to provide marriage/divorce documentation, his death certificate, and possibly earnings information. The sooner she applies, the better, as survivor benefits can only be paid from the time of application in most cases.
0 coins
Anastasia Ivanova
Thank you so much! That's a huge relief to hear that Helen's claim won't reduce what Aunt Janice gets. I had no idea she might qualify for 100% of his benefit - that would be life-changing for her. I'll tell her to call SSA right away to start the application process.
0 coins
StarStrider
My mom went through this exact thing! The ex-wife and current wife BOTH get full survivor benefits if they qualify. My mom was the second wife and was shocked when she found this out because she thought the benefit would be split. Tell your aunt to gather her marriage certificate, divorce decree, and his death certificate before applying. That'll speed things up.
0 coins
Zara Malik
This is correct. I worked at SSA for 22 years before retiring. The Family Maximum doesn't apply between divorced spouse and current spouse survivors - they're considered separate households for benefit calculation purposes.
0 coins
Luca Marino
She NEEDS to call and make an appointment with her local office!! They don't tell you this but if she waits too long she might miss out on back payments!! They only go back 6 months from when you apply for survivors!!! I lost money when my ex died because nobody told me and I waited almost a year to apply thinking they would just switch me over automatically!!!!!
0 coins
Anastasia Ivanova
Oh no, I had no idea there was a time limit! Thanks for the warning. I'll make sure she doesn't wait. She's been really overwhelmed with everything, but this sounds urgent.
0 coins
Nia Davis
Good luck getting through to anyone at Social Security right now. I've been trying to reach them for weeks about my husband's death benefits. Always busy signals or 3+ hour waits that disconnect you right when you're about to talk to someone. It's beyond frustrating.
0 coins
Mateo Perez
Try using Claimyr.com - I was dealing with the same nightmare trying to reach SSA about my widow benefits. The service connects you to SSA without the wait. Saved me literally days of redial attempts and hold music. They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU. Genuinely made the process so much easier during an already difficult time.
0 coins
Aisha Rahman
One important thing that hasnt been mentioned - if your aunt is already getting divorced spouse benefits (50% of his FRA benefit), the survivor benefit (potentially 100% of his benefit) would replace that - not add to it. She'll get the higher of the two benefits, not both. Many people misunderstand this. Also, if your uncle took his benefits early, and his benefit was reduced, that reduction can affect the survivor benefit amount too.
0 coins
Anastasia Ivanova
Thanks for clarifying that. I think she understands she'll get one or the other, but she's hoping the survivor benefit will be significantly more than what she gets now. Uncle Frank waited until his Full Retirement Age to claim, so hopefully that helps maximize what she could get?
0 coins
Aisha Rahman
Yes, that's good news! Since he waited until FRA to claim, his benefit wasn't reduced, which means your aunt's potential survivor benefit won't be reduced either. Assuming she's at or past her own FRA (which at 79, she definitely is), she should be eligible for 100% of his benefit amount. That should be substantially more than the 50% she was receiving as a divorced spouse.
0 coins
StarStrider
Is your aunt on Medicare? Tell her to check if the higher SS benefit affects her IRMAA (Income-Related Monthly Adjustment Amount) for Medicare premiums. My mom's Part B premium went up after she started getting survivor benefits because it pushed her into a higher income bracket. Just something to be aware of.
0 coins
Luca Marino
Did your uncle have any other exwives?? Bcause I think theres a limit on how many exwives can claim?? My friend was wife #3 and she couldnt get anything when her ex died because the first 2 wives already claimed everything!! The system is so unfair!!!!
0 coins
Zara Malik
This is incorrect information. There is no limit to how many ex-spouses can receive benefits based on one worker's record, as long as each was married to the worker for at least 10 years. Each qualified ex-spouse can receive full benefits according to their own situation. Your friend may have been denied for other reasons, but it wasn't because of a
0 coins
Luca Marino
Well thats NOT what they told her!!! Maybe the rep was just trying to get rid of her!! Wouldn't be the first time SSA gave wrong info!!!
0 coins
Sean Murphy
Something else your aunt should consider - if she has a work record of her own, she should ask SSA to calculate benefits both ways. Sometimes, especially if the deceased spouse claimed benefits early, a survivor's own benefit can actually be higher than the survivor benefit. SSA is supposed to pay the higher amount, but it's always good to double-check their calculations.
0 coins
Anastasia Ivanova
That's a good point. She did work for about 25 years as a teacher in a private school, but I think her own benefit calculation was quite a bit lower than even the 50% she gets from Uncle Frank's record. Still worth checking though!
0 coins
Issac Nightingale
I'm so sorry for your family's loss. This is definitely a stressful time to be dealing with benefit questions, but you're being such a good advocate for your aunt. Just wanted to add that when she calls SSA, she should also ask about any potential lump-sum death benefit ($255) that she might be eligible for as the divorced spouse. It's not a huge amount, but every bit helps during this transition period. Also, if she's feeling overwhelmed by the phone process, many local SSA offices allow walk-ins for urgent matters like survivor benefit applications - sometimes that can be faster than trying to get through on the phone, especially given the current wait times people are experiencing.
0 coins