Ex-husband terminally ill - How will Social Security survivor benefits split between me and his new wife?
My situation is complicated and I'm panicking a bit. I'm 59 and was divorced from my husband about two years ago after 27 years of marriage. We have five adult children together. He got remarried nine months ago, and I just found out he's been diagnosed with terminal cancer with maybe 12 months left. I never expected to be dealing with this situation but I need to understand what happens with Social Security survivor benefits when he passes. Will his current wife and I both receive survivor benefits? Are they split somehow or do we each get the full amount we're entitled to? Does the fact that I was married to him for 27 years while she's been married less than a year affect anything? I haven't remarried and don't plan to. I've been a stay-at-home mom most of my adult life so my own SS record is minimal. I feel terrible even thinking about this while he's still fighting his illness, but I need to prepare financially. Any help understanding how this works would be appreciated.
21 comments


Liam Duke
First off, I'm sorry about your ex-husband's diagnosis. That's hard news regardless of your current relationship status. The good news is that survivor benefits aren't split between ex-spouses and current spouses. Each eligible person can receive their full entitlement based on the worker's record. Since you were married over 10 years (27 years is well over the requirement), you qualify for divorced spouse survivor benefits assuming you don't remarry before age 60. Both you and his current wife could potentially receive benefits, though hers might be affected by the 9-month marriage duration requirement in some cases. The fact that you were married 27 years and she only 9 months doesn't reduce your benefit - you each have separate claims based on your individual situations.
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Dana Doyle
•Thank you so much for this information! I had no idea we could both receive benefits. Do you know if I need to wait until I'm 60 to apply, or can I apply as soon as he passes? Also, will my benefit be based on his entire work history or just the 27 years we were married?
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Manny Lark
Just to add to what the previous person said - survivor benefits for divorced spouses are based on the ENTIRE work history of your ex-husband, not just during your marriage. The benefit amount will be the same as if you were still married when he passed away. You need to be 60 to collect survivor benefits (unless you're disabled, then it's 50), but there's an exception if you're caring for his child who is under 16 or disabled. Doesn't sound like that applies in your case with adult children. One more thing to think about - if you claim at exactly 60, you'll get a reduced benefit (about 71.5% of what you'd get at your full retirement age). Each month you wait to claim between 60 and your FRA increases that percentage.
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Rita Jacobs
•my mom was in this situation and she got a bigger check waiting til 65 instead of taking it right at 60. SSA doesnt tell u this stuff they just give u whatever u apply for even if its not the best for ur situation
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Khalid Howes
I went through something similar with my ex. One thing no one has mentioned yet is that survivor benefits for a divorced spouse have an additional requirement - you must be unmarried at the time you apply. If you remarry after 60, it doesn't affect your eligibility for your ex's survivor benefits. Also, you should know that you can switch between benefits. For example, if your own retirement benefit would be higher than your survivor benefit, you could take the survivor benefit at 60 and switch to your own at 70 when it's maximized. Or the other way around. It's sometimes called the "Maximize Then Switch" strategy.
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Dana Doyle
•That's really helpful information about being able to switch benefits. I honestly don't think my own benefit would ever be higher since I was a stay-at-home mom for most of our marriage. Do they look at my highest earning years or my most recent years when calculating my own benefit?
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Ben Cooper
They use your highest 35 years of earnings (adjusted for inflation) to calculate your benefit. If you don't have 35 years of work, they'll use zeros for the missing years, which brings down your average. I'm in a similar situation - was married 22 years, mostly as a homemaker. My ex passed 3 years ago. The Social Security office was IMPOSSIBLE to get through to when I needed to apply for survivors benefits. I kept getting disconnected or waiting for hours!!! I finally used this service called Claimyr (claimyr.com) that got me through to an agent in about 20 minutes instead of waiting for hours. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU Once I actually spoke with someone at SSA, they were helpful and walked me through all my options. Definitely worth getting personalized advice from them since everyone's situation is different.
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Dana Doyle
•Thank you for sharing this resource. I've been worried about dealing with the SSA when the time comes. I'll check out that service if I have trouble getting through.
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Naila Gordon
•is that service legit? seems weird to pay someone just to make a phone call for you
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Ben Cooper
•It worked for me! The way I see it, my time is valuable too, and I wasted days trying to get through on my own. They don't make the call for you - they get you connected to an actual SSA agent, then you talk directly with the agent.
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Cynthia Love
THE SSA IS A JOKE!!!! I waited 3 MONTHS after my husband died before I got my first survivor payment!!! They'll make you jump through hoops and bring 500 documents and STILL find reasons to delay your claim. Start gathering everything now - marriage certificate, divorce decree, his death certificate (when the time comes), birth certificates, etc. And don't expect his current wife to be helpful either, she'll be looking out for herself! AND they might tell you different things depending on which agent you talk to. I got completely different answers from 3 different people!!!! The whole system is designed to confuse you.
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Dana Doyle
•I'm sorry you had such a terrible experience. I'll definitely start gathering all my documentation. Do you know if I need the original documents or if copies are acceptable?
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Khalid Howes
•They usually need to see the originals, but they'll make copies and return them to you. Sometimes certified copies from the issuing agency are accepted. When in doubt, bring the originals.
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Rita Jacobs
i think theres a penalty if u work while getting survivor benefits before ur full retirement age? my sister had that problem last year. she lost like half her check cuz she was working part time.
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Manny Lark
•Yes, that's correct. If you're under Full Retirement Age and working while receiving survivor benefits, the earnings limit applies. For 2025, if you earn more than $22,320, they'll deduct $1 from your benefits for every $2 you earn above that limit. The year you reach FRA, the limit is higher, and once you're at FRA, there's no limit at all. This is definitely something to consider in your planning if you're working or planning to work while collecting survivor benefits.
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Naila Gordon
Sorry about your situation. Just wondering tho - are you sure he's really terminal? My uncle was told he had 6 months to live with pancreatic cancer but that was 5 years ago and he's still going strong after some experimental treatment. Maybe get a second opinion?
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Dana Doyle
•I don't have direct contact with him anymore, so I'm getting information second-hand through our children. I certainly hope he beats the odds! But I still need to understand these benefits just in case.
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Liam Duke
After reading all the comments, I think there's some confusion about the timing. You don't need to apply for anything right now while your ex is still living. Survivor benefits only come into play after he passes away. At that point, if you're 60 or older, you can apply for divorced spouse survivor benefits. In the meantime, focus on understanding your options so you can make the best choice when the time comes. The SSA has a "Survivors Planner" section on their website that explains all of this in detail. Just to reiterate - both you and his current wife can potentially receive full survivor benefits based on his record. They are not split or reduced because there are multiple eligible survivors.
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Dana Doyle
•Yes, I understand I can't apply until after he passes. I'm just trying to prepare and understand my options now so I'm not dealing with financial uncertainty on top of grief when it happens. Thank you for clarifying that both his current wife and I could receive benefits without reduction.
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Yara Assad
I'm sorry you're going through this difficult situation. As someone who works with Social Security cases, I wanted to add a few important points that might help: 1. **Documentation timing**: While you can't apply until after he passes, you might want to quietly gather your divorce decree and marriage certificate now. Make sure you have certified copies stored safely. 2. **Benefit calculation**: Your survivor benefit will be based on what his Primary Insurance Amount (PIA) would be at his full retirement age, not what he's currently receiving if he's already collecting benefits. This is important because if he took early retirement, your survivor benefit could actually be higher than his current monthly payment. 3. **Medicare consideration**: If you're not already on Medicare when you become eligible for survivor benefits, you'll need to think about health insurance. Survivor benefits don't automatically come with Medicare eligibility until you reach 65. 4. **State benefits**: Don't forget to check if your state has any additional survivor benefits or programs that might help. The fact that you're planning ahead shows good judgment, even though it feels uncomfortable. Having a financial plan will give you one less thing to worry about during an already difficult time.
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Yuki Watanabe
•This is incredibly helpful, especially the point about the benefit potentially being higher than what he's currently receiving if he took early retirement. I hadn't thought about that at all. I'm 59 now, so I'd be eligible right when I turn 60. The Medicare point is really important too - I'm currently on COBRA from my old job but that won't last much longer. Do you know if there are any special enrollment periods for Medicare when you become eligible for survivor benefits, or would I need to wait until 65?
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