Ex-spouse Social Security survivor benefits after 7-year marriage - can I claim when he dies?
I'm trying to understand my potential future Social Security survivor benefits from my ex-husband. We were married for 7 years before divorcing about 20 years ago. I never remarried, but he did. I'm currently 65 years and 8 months old, and I believe my full retirement age is 66 and 8 months (about a year from now). I'm confused about survivor benefits if he passes away before me. Would I be eligible for any survivor benefits based on our 7-year marriage? Or does his current wife get everything? I've heard different things about the 10-year marriage rule, but I'm not sure if that applies to survivor benefits or just spousal benefits while he's alive. I've tried calling SSA twice but got disconnected both times after waiting over an hour. Any advice would be appreciated!
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Chloe Delgado
Unfortunately, you would not be eligible for survivor benefits from your ex-husband when he passes away. The same 10-year marriage duration requirement applies to both ex-spouse benefits during his lifetime AND survivor benefits after death. Since you were only married for 7 years, you don't meet this threshold. His current wife would be eligible for survivor benefits assuming their marriage meets the requirements (generally must be married at least 9 months at time of death, with some exceptions). I suggest focusing on maximizing your own retirement benefits. At your current age (65 and 8 months), you're close to your FRA of 66 and 8 months. If you can wait until 70 to claim, you'll get a 28% increase over your FRA amount due to delayed retirement credits.
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Liam O'Reilly
•Thank you for the clear explanation. That's disappointing but at least now I know. I was hoping the 10-year rule might be different for survivor benefits. I am planning to wait until 70 to claim my own benefits since they're decent but not great. Do you know if there are any exceptions to that 10-year rule for marriages? Like if we had children together or something like that?
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Ava Harris
The 10 year rule is SO FRUSTRATING!! I missed it by just 4 months with my ex and got NOTHING after 9 years and 8 months of marriage to that jerk. SSA doesn't care how close you were - 9 years and 11 months is the same as 1 year to them!!! It's completely unfair, especially for women who gave up careers to raise kids and then get NOTHING from their ex's record. Have you worked enough quarters on your own to qualify for decent benefits?
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Jacob Lee
•While I understand the frustration, it's important to clarify that the 10-year rule applies specifically to benefits based on an ex-spouse's record. The Social Security Administration established this threshold to balance benefit access while maintaining program integrity. If your marriage ended just shy of 10 years, it might be worth checking if you qualify for any exceptions based on your specific circumstances. Some situations involving disability or death have modified requirements, though they're limited. For anyone facing similar situations, I recommend consulting with an SSA representative to explore all possible options.
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Emily Thompson
i think my neighbor got benefits from her ex and they were only married like 8 years? not sure tho maybe she was just telling stories lol. but you should definitely call ssa and double check because sometimes there are exceptions
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Sophie Hernandez
•Your neighbor was probably confusing something else with ex-spouse benefits. The 10-year marriage duration requirement is pretty much set in stone for ex-spouse benefits (both retirement and survivor). There are extremely few exceptions - mainly if the ex-spouse died during the marriage or within a year of divorce AND they were married at least 9 months. But for divorced-spouse benefits where the ex is still living or where they've been divorced for years? It's 10 years minimum, no exceptions. I've had to call SSA dozens of times about my own complicated situation, and after getting disconnected repeatedly, I finally found a service called Claimyr that got me through to an agent in about 15 minutes instead of waiting for hours. Their website is claimyr.com and they have a video demo at https://youtu.be/Z-BRbJw3puU showing how it works. Saved me so much frustration!
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Daniela Rossi
So sorry you're in this position. My sister went through something similar, except she was married for 9 years. So close! It really stinks how rigid these rules are.
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Ryan Kim
Have you considered filing for your own retirement benefits now since you're already 65? I know everyone says wait till 70 but sometimes it makes more sense to take the money earlier, especially if you need it now. I started mine at 65 and don't regret it at all.
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Chloe Delgado
•While filing early works for some people, it's important to consider the long-term impact. Filing at 65 and 8 months instead of waiting until FRA (66 and 8 months) means a permanent reduction of about 6.7% in monthly benefits. Waiting until 70 increases benefits by 8% per year after FRA, which is a guaranteed return that's hard to beat elsewhere. However, you're right that individual circumstances matter. If someone has health concerns, immediate financial needs, or other sources of retirement income, claiming earlier could make sense. It's definitely not one-size-fits-all advice.
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Liam O'Reilly
Thank you all for the responses! I really appreciate the clarification about the 10-year rule. I've worked most of my life so my own benefit should be okay, though not great. I was just hoping there might be some additional support down the road. I'm going to try calling SSA again to confirm everything and maybe ask about maximizing my own benefits. The Claimyr service someone mentioned sounds worth looking into after my frustrating experiences trying to get through to an agent.
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Emily Thompson
•good luck!! let us know what ssa says when u finally get thru!!
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Ava Harris
WAIT A MINUTE - are you getting YOUR OWN Social Security now? Because if you're not, you should consider filing for JUST Medicare at 65 but WAITING to file for Social Security!!! Every month you wait past FRA adds to your benefit amount! Don't leave that money on the table!!!
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Liam O'Reilly
•No, I haven't filed for SS yet - just Medicare. I'm hoping to hold out until 70 for the increased benefits, unless my financial situation changes. Right now I'm living off savings and a small pension from a previous employer.
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Jacob Lee
Since we've confirmed you don't qualify for ex-spouse survivor benefits due to the 7-year marriage duration, let me offer some constructive advice for maximizing your own Social Security: 1. If you can wait until 70 to claim, your benefit will be 132% of your FRA amount 2. Make sure SSA has all your correct earnings history - check your earnings record online through your my Social Security account 3. If you're still working, even part-time, higher earnings now could potentially increase your benefit calculation 4. Consider whether filing a restricted application might benefit you if you were born before January 2, 1954 These strategies can help compensate for not qualifying for ex-spouse benefits. The 10-year marriage rule is indeed strictly enforced for divorced spouse benefits with essentially no exceptions for marriages that ended in divorce.
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