Can my future husband claim Social Security survivor benefits based on my deceased spouse's record?
I'm in a complicated Social Security situation and hoping someone can clarify the rules. I'm 62 and currently receiving survivor benefits from my first husband who passed away in 2018. My second husband also passed away in 2022, and I understand that at my Full Retirement Age (67), I can switch to the higher survivor benefit from my second husband instead. Now I'm considering getting married again next year, and I'm worried about what would happen if I die before my new husband. Would he be able to receive survivor benefits based on what I'm collecting from my deceased second husband? Or would any potential survivor benefits for him be based solely on my own work record? My own earnings history is much lower than either of my late husbands. Just trying to make sure I understand everything correctly for estate planning purposes.
19 comments
Ravi Malhotra
The answer to your question is that your potential future husband would only be eligible for survivor benefits based on YOUR earnings record, not either of your deceased husbands' records. Survivor benefits don't transfer through remarriage - they're specifically between the deceased worker and their eligible survivors. If you pass away, any potential survivor benefits for your new husband would be calculated solely based on your own work history.
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StarSurfer
•Thank you for clarifying! So basically, my new husband wouldn't benefit from the higher benefit amount I might be receiving. That makes planning more complicated. Is there any way around this or is this just how the system works?
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Freya Christensen
i think u should talk to SSA directly about this bc its kinda complicatd with all the marriages. my aunt had something simlar but different and the rules were confusing.
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StarSurfer
•I've tried calling SSA several times but keep getting disconnected or told the wait times are over 2 hours. I was hoping someone here had been through something similar.
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Omar Hassan
This is exactly correct. Survivor benefits don't "chain" through multiple marriages. Each survivor benefit calculation is directly between the deceased worker and their eligible survivor at the time of death. Some key points to understand: 1. You're currently eligible for survivor benefits from both deceased husbands because you were married to each for at least 9 months and haven't remarried before age 60. 2. At your FRA, switching to the higher survivor benefit is a smart move. 3. If you remarry now (after 60), you STILL maintain eligibility for both survivor benefits. 4. However, if you die, your new husband would only be eligible for survivor benefits based on YOUR earnings record, not either of your former husbands. 5. The amount would be calculated as a percentage (generally 100% if he's at FRA) of what your retirement benefit would be based on YOUR work history. This is definitely something to consider for estate planning purposes if there's a significant difference between your earnings record and your deceased husbands' records.
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StarSurfer
•Thank you so much for this detailed explanation! It makes perfect sense now. I'll need to make sure my future husband understands this limitation for our financial planning. One more question - does this same rule apply to all Social Security benefits? Like if I were receiving spousal benefits instead of survivor benefits?
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Omar Hassan
Yes, the same general principle applies to spousal benefits too. Benefits are calculated based on the direct relationship between the beneficiary and the worker whose record is being claimed against. If you were receiving spousal benefits instead of survivor benefits, those spousal benefits would also stop when you die. Your new husband would not be able to claim benefits based on your ex-spouse's record. The only benefits that can potentially continue after your death are: 1. Survivor benefits based on YOUR work record (potentially payable to your new husband) 2. Any benefits your eligible children might receive This is why understanding the "chain" of benefit eligibility is important - each link only connects one step. There's no transitive property where benefits can flow through multiple marriages.
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Chloe Robinson
•Such a confusing system! My head spins trying to keep all these rules straight. Good advice tho.
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Diego Chavez
The SSA is PURPOSELY complicated to prevent people from getting what they deserve!! Everyone here is missing something important - did you know that if you were born before 1954 there are DIFFERENT RULES?? My sister-in-law talked to THREE different SSA agents and got THREE different answers about her situation with multiple marriages!!! The whole system is designed to CONFUSE us!!
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Ravi Malhotra
•While the rules can be complex, there aren't different survivor benefit rules specifically for people born before 1954. You might be thinking of the rules around filing restricted applications for spousal benefits only, which was indeed available to people born before January 2, 1954. But that's a different situation than what the OP is asking about.
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NeonNebula
I had a nightmare trying to reach SSA about a similar complicated survivor situation last year. After getting disconnected 4 times and waiting on hold for hours, I used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. For complicated situations like yours with multiple marriages and survivor benefits, speaking directly with SSA is really the best way to get an official answer. It saved me so much stress and I actually got clear answers about my survivor benefit options.
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StarSurfer
•Thank you for this suggestion! I hadn't heard of this service before. I'll check out the video. After trying for weeks to get through, I'm willing to try anything that might help me speak to an actual SSA representative.
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Freya Christensen
my mom had 3 husbands (lol) and she got surviver benefits from husband #2 who had the highest earnings. wish the SS office would make this easier to understand!!
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Chloe Robinson
•Three husbands! Wow, good for her! But yeah agree it's super complicated!!!
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Anastasia Kozlov
Just wanted to add - make sure you keep REALLY good records of your marriages, divorces, and death certificates. My aunt had a similar situation with multiple marriages and the SSA initially denied her claim because they couldn't verify the dates properly. It took MONTHS to sort out. Have all your documentation ready when you make the switch at FRA!
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StarSurfer
•That's really good advice. I have all the certificates in a folder but I should probably make digital copies too. Did your aunt eventually get backpay for the months they were sorting it out?
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Anastasia Kozlov
Yes, she did get backpay, but it was a real hassle. They initially only went back 3 months, and she had to fight for the full amount. Make sure you keep records of EVERY communication with SSA - dates, names of representatives, what was discussed. This helped her case tremendously when proving she had been trying to resolve the issue all along.
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Chloe Robinson
So sorry about both your husbands passing away. That must be really hard. Sending hugs!
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StarSurfer
•Thank you for your kindness. It has been difficult, but I'm grateful for the support I've found here.
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