Can my mom collect ex-husband's Social Security survivor benefits after he remarried and passed away?
Need some guidance about my mom's situation with Social Security survivor benefits. She's currently 62 years old and trying to figure out her options. She was married to my dad for almost 25 years before they divorced about 8 years ago. He got remarried to someone else, and then sadly passed away last month after only being with his new wife for about 4 years. Mom never remarried after the divorce. We're trying to figure out if mom qualifies for any survivor benefits from dad's Social Security, even though they were divorced and he remarried before passing. Does his remarriage affect her eligibility? Mom's own work history is pretty spotty because she was mainly a homemaker during their marriage. I've tried looking on the SSA website but got confused with all the different rules. Has anyone dealt with this kind of situation before? Where should we even start with this process?
17 comments
Jayden Reed
Yes, your mom likely qualifies for divorced widow's benefits! The rules are pretty straightforward for this situation: 1. She was married to him for more than 10 years (you said 25, which easily qualifies) 2. She's over 60 (at 62, she qualifies) 3. She hasn't remarried before age 60 (you mentioned she never remarried) His remarriage doesn't affect her eligibility at all. Both his widow AND your mom as his divorced widow can potentially collect survivor benefits. Your mom should contact SSA immediately as there's only a 6-month limit on retroactive benefits from when she applies. She'll get somewhere between 71.5%-100% of his full benefit amount depending on her exact age when she starts collecting.
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Grace Johnson
•Thank you so much for the clear explanation! I had no idea both his current wife AND my mom could potentially get benefits. Do you know if there's any reduction in what mom would get because of that? And does she need to gather any specific documents before contacting SSA?
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Nora Brooks
my aunt went thru something JUST like this!! the social security office was actually super helpful for her. she got benefits even tho my uncle had been remarried for like 8 yrs when he died. they did ask for her marriage certificate and divorce papers tho so tell your mom to find those!!!
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Grace Johnson
•That's really helpful to know! My mom has her marriage certificate but we'll need to track down the divorce decree. It's probably in a box somewhere in her basement. Good to hear your aunt had a positive experience!
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Eli Wang
I'm going through almost the same situation right now! My ex passed away in January and I'm trying to claim survivor benefits. The frustrating part is GETTING THROUGH to someone at Social Security. I've called over 15 times in the past two weeks and either get disconnected or told the wait time is over 3 hours. Once you do finally reach someone, they'll likely tell you that your mom needs to schedule an appointment for an interview (can be phone or in person). But even getting to that point has been nearly impossible for me. It's so stressful when you're already dealing with the emotional aspects of everything.
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Cassandra Moon
•I had the same frustrating experience trying to get through to SSA last month! After wasting days trying to call, I found this service called Claimyr (claimyr.com) that got me connected to a real SSA agent in under 30 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Saved me so much stress during an already difficult time dealing with my dad's benefits. Definitely worth checking out if you're still struggling to get through.
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Zane Hernandez
There's some misinformation in this thread that needs to be cleared up. I worked as a claims specialist at SSA for 15 years. 1. Yes, your mother qualifies for divorced widow's benefits based on what you've shared. 2. The 10-year marriage duration requirement is correct. 3. IMPORTANT: There's NO 6-month limit on retroactive survivor benefits as someone mentioned. Survivor benefits can actually be paid up to 6 months retroactively from application date (not limited to 6 months total). 4. Her benefit amount will depend on: - Her age when she applies (the reduction is 0.396% per month before her FRA) - Whether she's working (earnings limit applies until FRA) - The amount of her own retirement benefit if she's eligible for that 5. Documents needed: marriage certificate, divorce decree, ex-husband's death certificate, her birth certificate, and possibly her SSN card. I recommend applying immediately. The soonest benefits could begin is the month of his death.
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Eli Wang
•Thanks for the clarification about the retroactive benefits! I misunderstood that completely. Do you know if there's a way to check what her potential benefit amount might be BEFORE going through the whole application process? I've been trying to figure that out for my own situation.
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Grace Johnson
•This is SO helpful - thank you! Mom is still working part-time at a retail job making about $20,000/year. Will that affect the survivor benefits? And is there any advantage to waiting until her FRA to apply instead of applying now at 62?
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Genevieve Cavalier
Sorry for your family's loss. The SSA system is TERRIBLE at explaining these situations clearly. I got the runaround for MONTHS after my ex died. The website is useless and calling is a nightmare. My advice - GO IN PERSON to your local SSA office if at all possible. Bring ALL documentation (marriage certificate, divorce papers, death certificate, birth certificate, etc.). Otherwise they'll just make you come back again and again. And be prepared for them to possibly give you incorrect information the first time. I had to speak to 3 different people before getting the right answers about my situation. And start documenting EVERYTHING - dates you called, who you spoke with, what they told you. The SSA is a bureaucratic mess and you might need this info later if they make mistakes (which they often do).
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Grace Johnson
•Thank you for the warning about documenting everything. That's really smart advice. Mom lives in a rural area about 90 minutes from the nearest SSA office, so we were hoping to handle most of this by phone. But it sounds like we might need to make the drive to get this handled properly.
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Jayden Reed
To answer your follow-up question - yes, your mom's work income will reduce her survivor benefits if she claims before her Full Retirement Age (FRA). For 2025, she can earn up to $23,360 without reduction. Above that amount, $1 in benefits is withheld for every $2 she earns. Since you mentioned she makes about $20,000/year, she should be under that threshold so no reduction would apply. However, if she gets any bonuses or picks up extra hours that push her over that amount, it would affect her benefits. Regarding waiting until FRA - it depends on her financial needs. If she claims at 62, she'll get about 71.5% of what she'd get at FRA. Each year she waits, that percentage increases. Unlike retirement benefits though, survivor benefits don't increase after FRA - so there's no benefit to waiting beyond her FRA.
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Grace Johnson
•Thank you for breaking this down! So if I understand correctly, at her current income level, she shouldn't see any reduction in the survivor benefits based on her earnings. That's good news. I think she's leaning toward applying now rather than waiting given her current financial situation.
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Ethan Scott
my neighbor was in this exact situation!!! she got benefits from her ex even tho he was married to someone else when he died. but the crazy thing is the new wife tried to like BLOCK her from getting anything!! said it wasn't fair that they both got money. but SSA told her to buzz off basically lolol. both ladies got their benefits in the end.
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Nora Brooks
•omg that's terrible! glad your neighbor still got her benefits. people don't realize that social security has clear rules for this stuff, it's not like one person's benefits take away from another person!!
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Zane Hernandez
One other thing to consider - your mother should look into whether she should claim her own retirement benefit or the survivor benefit first. This depends on her own work history. If her own retirement benefit at her FRA would be LOWER than the survivor benefit, she might want to: 1. Take the reduced survivor benefit now at 62 2. Switch to her own retirement benefit at 70 when it will have maximized with delayed retirement credits If her own benefit would be HIGHER than the survivor benefit, she might want to: 1. Take her reduced retirement benefit now 2. Switch to the survivor benefit at her FRA when it wouldn't be reduced This is complex territory and very specific to her situation. I strongly recommend she schedule an appointment with SSA to discuss these options.
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Grace Johnson
•I had no idea she could potentially switch between different benefits! Her work history is limited, so I'm pretty sure her own retirement benefit would be lower than the survivor benefit from my dad's record. I'll definitely make sure to discuss this strategy during her appointment. Thank you so much for this insight!
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