Do two surviving spouses have to split Social Security survivor benefits when both were married 20+ years?
My dad just passed away two weeks ago and I'm trying to help figure out the Social Security situation. He has a unique circumstance - he was married to my mom for 23 years (they divorced in 2001, and she never remarried), and then he was married to his second wife for 22 years until his death. Both women are now at their Full Retirement Age (67). I'm getting conflicting information about survivor benefits. Do they each get 100% of what they're entitled to based on his record, or do they have to split his benefit amount 50/50? I called the SSA but got disconnected twice, and I'm struggling to find clear information online about this specific situation. My mom is especially anxious since she's been counting on these benefits for her retirement planning.
16 comments
Nia Jackson
First, I'm very sorry for your loss. The good news is that both your mom and your dad's widow can potentially receive 100% of their respective survivor benefits - they don't have to split anything. Your mom would receive divorced spouse survivor benefits and his widow would receive widow's benefits. The calculations are separate, and one doesn't reduce the other. As long as your mom was married to your dad for at least 10 years (which she was at 23 years) and didn't remarry before age 60, she qualifies for the divorced spouse survivor benefit. The current widow automatically qualifies since they were married at the time of his death.
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Luca Romano
•Thank you so much! This is such a relief to hear. So if my dad's benefit amount was around $3,200/month, does that mean both women could receive up to that amount? Or do they each get a percentage of it?
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NebulaNova
When my husband died, I had to deal with something similar cause his ex-wife tried claiming benefits too. Different than yours tho since she had remarried. SS office told me that ex-spouses and current spouses claims don't affect each other. They're like separate accounts kinda.
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Luca Romano
•Thanks for sharing your experience. It's helpful to hear from someone who's been through something similar. Was the process of applying for survivor benefits complicated? Any tips?
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Mateo Hernandez
To answer your follow-up question, they would each be eligible for up to 100% of your father's Primary Insurance Amount (PIA) at their FRA. So if his benefit was $3,200/month, each could potentially receive up to that amount, depending on their own work history and whether they're already receiving their own retirement benefits. If either one is already receiving Social Security retirement on their own record, SSA will pay the higher of the two amounts (not both). The SSA determines this using a somewhat complex formula: 1) If they're already receiving retirement benefits, they'll get the higher of either their own benefit or a combination that equals your father's amount 2) If they haven't started receiving any benefits yet, they have more options, including taking the survivor benefit first and switching to their own later if it would be higher It's important both women schedule appointments with SSA to understand their specific options based on their individual work histories.
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Aisha Khan
•This is EXACTLY why the SS system is such a mess!!! All these complicated rules nobody understands and you CANT get anyone on the phone to explain it. My sister lost out on THOUSANDS because nobody told her she could take survivor benefits first and then switch!!!
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Ethan Taylor
I went through something similar last year helping my aunt. The most frustrating part was trying to reach someone at Social Security. After getting disconnected multiple times and waiting on hold for what felt like forever, I found a service called Claimyr that got me through to a real person at SSA in about 20 minutes. It was such a relief to actually speak with someone who could answer specific questions about her survivor benefits. You can check them out at claimyr.com - they have a demo video at https://youtu.be/Z-BRbJw3puU that shows how it works. Made dealing with SSA during an already difficult time so much less stressful.
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Luca Romano
•Thank you for this tip! I might try that service. I've spent hours trying to get through to someone and it's been so frustrating, especially when trying to help both my mom and stepmom navigate this.
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Yuki Ito
Does anyone know if the benefits amounts can be different between the ex-wife and current wife even if they're both at FRA? My understanding is that they could get different amounts based on when your dad started collecting his own benefits and other factors.
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Mateo Hernandez
•Yes, they could receive different amounts even though they're both at FRA. Various factors affect the calculation: 1) If either woman is already receiving her own retirement benefit, the survivor benefit might be reduced to create a combined amount equal to your father's benefit 2) If your father took early retirement (before his FRA), that might affect the calculation for both women 3) The Government Pension Offset (GPO) could reduce benefits if either woman receives a pension from a job not covered by Social Security This is why individual appointments with SSA are crucial - each case is calculated separately.
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Carmen Lopez
i thought exwifes dont get anything if theres a current wife??? when my brother died his exwife tried to claim and got denied
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Nia Jackson
•That's a common misconception. Ex-spouses can absolutely receive survivor benefits IF: 1) The marriage lasted at least 10 years 2) The ex-spouse is at least 60 (or 50 if disabled) 3) The ex-spouse hasn't remarried before age 60 If your brother's ex-wife was denied, it might be because one of these conditions wasn't met. For example, if they were married less than 10 years or if she had remarried before turning 60.
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Luca Romano
I wanted to update everyone - I finally spoke with someone at SSA yesterday using that Claimyr service (which worked amazingly well!). The representative confirmed what you all said - both my mom and stepmom can receive their full survivor benefits without splitting them. They'll each need to apply separately. My mom will apply for divorced spouse survivor benefits, and my stepmom for widow benefits. The rep also suggested they both schedule individual appointments to discuss their optimal filing strategies since they have their own work records to consider too. Thanks everyone for your help during this difficult time.
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Nia Jackson
•I'm so glad you got the confirmation directly from SSA! That must be a relief for both your mom and stepmom. Just one more tip - make sure they both bring plenty of documentation to their appointments: marriage certificates, your father's death certificate, their birth certificates, and if possible, information about your dad's Social Security benefit amount. Good documentation makes the process much smoother.
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Aisha Khan
My cousin had to fight for MONTHS to get her survivor benefits!!! She was married for 22 years but SSA kept saying they couldn't "verify" the marriage even tho she had the certificate!!! Make sure both ladies bring EXTRA copies of EVERYTHING and get names of EVERYONE they talk to!!!
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NebulaNova
•Same here! They lost my paperwork twice and I had to start over. Definitely get names and direct numbers if possible. And keep a log of every conversation with times and dates. Helped me so much when I had to reference previous calls.
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