Can my mom claim Social Security survivor benefits from first husband who died 2 years ago?
I'm trying to help my mother figure out if she's eligible for Social Security survivor benefits from her first husband who passed away about 2 years ago. Her situation is complicated: - She's 81, currently receiving a very small SS retirement benefit - Her first marriage lasted just over 10 years before they divorced - She remarried in her 40s but that second marriage ended in divorce when she was around 50 - She has remained unmarried since then (so single from age 50 onward) - Her first ex-husband died at 83 and was definitely getting a much higher SS payment From what I've read, the 10-year marriage rule applies, but I'm confused about how her second marriage (even though it ended in divorce) affects her eligibility. Does anyone know if she can apply for survivor benefits based on her first husband's record? I'd like to help increase her monthly income if possible.
16 comments
Jessica Suarez
Yes, your mother likely qualifies for survivor benefits based on her first husband's record! The key requirements are: 1. The marriage lasted at least 10 years (which it did) 2. She is currently unmarried (which she is) 3. She is at least 60 years old (she's 81) The fact that she remarried and then divorced doesn't matter as long as that second marriage has ended. Since she was divorced from her second husband before age 60 and hasn't remarried since, she should be eligible for survivor benefits from her first husband's record. She should contact SSA as soon as possible since there may be retroactive benefits available (though usually limited to 6 months back).
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Jay Lincoln
•Thank you so much! That's really helpful. Do you know if she'll automatically get his full benefit amount or is it reduced somehow? Her own SS payment is less than $900/month, and I think his was probably over $2000.
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Marcus Williams
my mom had almost the same situation exceot she was married for 12 years to my dad. they told her she could get survivor benefits as long as she was single at 60, which she was. she got almost $700 more per month! definitely worth calling ssa about
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Jay Lincoln
•That's encouraging to hear! Did your mom have to provide a lot of documentation? My mother doesn't have easy access to all her old paperwork.
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Lily Young
Your mother will need to explicitly apply for the survivor benefits - this isn't automatic. When she applies, the SSA will determine which benefit is higher (her own retirement or the survivor benefit) and pay her the higher amount, not both. Since her first ex-husband's benefit was substantially higher, it's definitely worth pursuing. Also important: as a divorced surviving spouse, she'll receive 100% of her ex-husband's benefit if she applies at her full retirement age or later (which at 81, she's well beyond). This is different from spousal benefits on a living ex-spouse's record, which maxes out at 50%. She should gather these documents before applying: - Her Social Security card - First husband's death certificate - Their marriage certificate - Divorce decree from first marriage - Possibly documentation of second marriage and divorce She may be eligible for some retroactive benefits, but typically only up to 6 months before the application date.
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Jay Lincoln
•Thank you for the detailed information! One more question - since it's been almost 2 years since her ex passed away, do you know if there's any chance she could get benefits retroactive to his death? Or is it really just limited to 6 months back from when she applies?
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Kennedy Morrison
I went through something similar helping my aunt last year. The 6-month retroactive limit is pretty strict unfortunately. The real frustration is trying to reach someone at SSA to handle the application! After getting disconnected multiple times and waiting on hold for hours, I found a service called Claimyr (claimyr.com) that got her through to a live agent in about 20 minutes. There's a video showing how it works: https://youtu.be/Z-BRbJw3puU It was worth it to avoid the endless busy signals and disconnects. Your mom will need to speak directly with an agent since survivor benefits can't be applied for online, especially with her complicated marriage history.
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Jay Lincoln
•I've never heard of that service, but it sounds really helpful. My mom gets frustrated easily with phone systems, so anything to minimize the wait would be great. I'll check it out, thanks!
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Wesley Hallow
DONT COUNT ON THIS MONEY YET!! My mother tried to get survivor benefits from my father (divorced after 11 years) and SSA made it INCREDIBLY difficult. They kept saying papers were missing or info was wrong. Took almost 8 MONTHS to finally get approved!!! And retroactive was ONLY 6 months even though dad died a year before she applied. They ALWAYS find ways to pay less!!!!!
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Lily Young
•While SSA can be bureaucratic and slow, most legitimate claims do get approved eventually. The key is persistence and providing all required documentation. It's always good to keep copies of everything you submit and get a receipt or confirmation number for any applications or documents provided.
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Justin Chang
Wait, I'm confused about something. Does it matter when the first husband died? Like, if he died when your mom was already getting her own SS, does that change anything? My dad died 5 years ago but my mom never applied for anything different with her SS. Now I'm wondering if she should have...
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Jessica Suarez
•The timing of when the ex-spouse died doesn't affect eligibility - what matters is that the surviving divorced spouse is at least 60, unmarried (or remarried after 60), and the marriage lasted at least 10 years. Your mother should definitely check with SSA if she meets these conditions, as she might be leaving money on the table. She can receive survivor benefits even if she was already collecting her own retirement when your father passed away.
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Grace Thomas
is she getting medicare too? make sure to tell them to keep her medicare part b payment the same if she gets higher ss. otherwise they might increase the premium based on higher income
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Jay Lincoln
•That's a really good point I hadn't considered. She is on Medicare, so I'll definitely make a note to ask about that. Thank you!
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Lily Young
Just to clarify on the retroactive benefits question you asked: For survivor benefits, SSA can pay up to 6 months of retroactive benefits before the application date. Unfortunately, they won't go back to the date of death if it's been almost 2 years. One important note: When she's approved for survivor benefits, SSA will stop her current retirement benefit and start paying the survivor benefit instead (assuming it's higher, which sounds likely in your case). This is a complete switch, not an add-on to her current benefit. Also, while gathering documents, make sure she has her banking information ready for direct deposit if she wants to change where the payments go.
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Jay Lincoln
•Thank you for explaining about the retroactive benefits. That's disappointing but at least going forward she should receive more each month. I appreciate all the helpful information everyone has provided!
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