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Amy Fleming

Social Security survivor benefits after remarriage and divorce - can I claim from first husband now?

I'm in a complicated situation with my Social Security benefits and hoping someone can help clear things up. My first husband passed away after we were married for 25 years. I remarried about 3 years after he died (I was 57 at the time). Now, 6 years later, I'm going through a divorce from my second husband. I've heard that to collect survivor benefits from my first husband, I needed to remain unmarried until 60. Since I remarried before that age, am I permanently disqualified from his survivor benefits? Or once my current divorce is final, can I apply for survivor benefits from my first husband? Someone told me there's a 2-year waiting period after divorce before I can claim, but I can't find clear information about this on the SSA website. I'm turning 64 next month and trying to figure out my best option. My first husband had much higher earnings than my second husband, and I worked part-time most of my life. Any help understanding my options would be greatly appreciated!

You're actually in luck! According to SSA rules, if your second marriage ends (whether by death, divorce, or annulment), you CAN become entitled to benefits on your first husband's record. Since your first marriage lasted more than 10 years and your second marriage is ending, you'll be eligible for survivor benefits from your first husband once your divorce is finalized. There's no 2-year waiting period for survivor benefits after a divorce - that rule applies to spousal benefits from an ex-spouse, not survivor benefits. Just bring your divorce decree to SSA when it's finalized.

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Oh thank you so much for this information! That's such a relief. So to be clear, as soon as my divorce is final, I can apply for the survivor benefits from my first husband? I don't need to wait any specific time period after the divorce?

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my sister had this EXACT situation!!! she remarried at 58 and it ended after 4 yrs. she got survivors benefits from 1st husband right away after divorce, no waiting. its confusing bc the rules for divorced spouse benefits and survivor benefits are different!!

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Thank you for sharing your sister's experience! That makes me feel more confident about my situation. Did she have any issues with the application process?

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The rules about this are so confusing!! I thought once you remarried before 60 you permanently lost survivor benefits. Are you SURE about this? I've been avoiding remarriage specifically because I don't want to lose my late husband's benefits. Does anyone have the specific SSA regulation about this?

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Yes, this is definitely correct. Here's the specific rule: If you remarry before age 60, you cannot receive survivor benefits as long as that marriage remains in effect. However, if that marriage ends, you may become entitled to survivor benefits again. The SSA Policy Operations Manual System (POMS) section RS 00207.003 covers this. It's a commonly misunderstood rule.

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Just wanted to add that once your eligible for survivor benefits, you should think about when to claim them. You can get reduced benefits starting at 60 (or full survivor benefits at your FRA). Since you're almost 64, and FRA for survivor benefits is likely 66 for you, waiting until 66 would get you 100% of what your first husband was entitled to.

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That's a really good point I hadn't considered. I'm still working part-time, so maybe waiting until my FRA for the full survivor benefit makes sense. Do you know if the earnings limit would apply to survivor benefits if I claim before my FRA?

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I went thru something kinda like this. Got remarried at 58, divorced at 62, then applied for my 1st husbands SS. There ws NO waiting period for me!!! But gettin thru to Social Security was a NIGHTMARE. Took me 3 weeks of calling and getting disconnected.

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Yes, the earnings limit would definitely apply if you claim survivor benefits before your FRA. For 2025, the limit is around $22,750, and they deduct $1 for every $2 you earn above that. But once you reach your FRA, there's no earnings limit at all.

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Thanks for explaining that. I earn about $25,000 from my part-time job, so I'd lose some benefits. Maybe waiting until my FRA makes more sense in my situation since I'm still working.

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One more important point: You mentioned you worked part-time most of your life. Don't forget to compare THREE possible benefit amounts: 1) Your own retirement benefit, 2) Survivor benefits from your first husband, and 3) Spousal benefits from your second husband (if you were married at least 10 years). You'll want to claim the highest benefit you're entitled to. And remember, you can switch between benefits in some situations - for example, claim reduced retirement on your own record at 64 and then switch to full survivor benefits at your FRA.

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Thank you! I really appreciate this detailed explanation. My second marriage will only be 6 years when the divorce is finalized, so I don't think I'll qualify for spousal benefits there. I checked my own benefit estimate and it's much lower than what my first husband's survivor benefit would be. I think I'll contact SSA as soon as my divorce is final and explore the best timing option.

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wait im still confused about something - does this mean if i remarry NOW (im 63) and then later get divorced, i could still get my deceased husbands benefits?? or is 60 still a cutoff age for the remarriage itself?

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At 63, you're in a different situation. If you remarry AFTER age 60, you can still collect survivor benefits from your deceased husband even while married to someone new. There's no need to get divorced in your case. The age of remarriage is the key factor - before 60 means you temporarily lose eligibility (but can regain it if that marriage ends), after 60 means you never lose eligibility.

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@Alice Pierce is absolutely right! Since you re'already 63, you re'past the age 60 threshold. If you remarry now, you can continue receiving survivor benefits from your deceased husband AND remain eligible even while married to your new spouse. The age 60 rule only affects people who remarry BEFORE turning 60. You re'in the clear to remarry without losing those benefits!

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This is such valuable information for everyone! I'm a newcomer here but wanted to share that I just went through a similar situation last year. I was widowed at 55, remarried at 58, and divorced at 62. I was terrified I'd lost my first husband's survivor benefits forever, but SSA confirmed I could claim them immediately after my divorce was finalized. The key thing I learned is that the SSA representatives themselves sometimes give conflicting information, so it's worth speaking to multiple people or asking to speak with a supervisor if you get pushback. Also, bring ALL your documentation - both marriage certificates, death certificate, and divorce decree. Good luck Amy, you're going to be fine!

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Thank you so much for sharing your personal experience! It's really reassuring to hear from someone who went through the exact same situation. I'm definitely going to take your advice about speaking to multiple SSA representatives if I get any conflicting information. I'll make sure to have all my documentation ready when I apply. It's such a relief to know that I haven't permanently lost access to my first husband's benefits. This whole thread has been incredibly helpful - I feel much more confident about my options now!

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As a newcomer to this community, I just wanted to say how helpful this entire discussion has been! I'm in a somewhat similar situation - widowed at 52, remarried at 56, and now considering divorce at 61. I had completely given up hope on ever being able to claim my late husband's survivor benefits because I thought remarrying before 60 meant I was permanently disqualified. Reading through all these responses has been incredibly enlightening and gives me hope for my financial future. Thank you to everyone who shared their experiences and knowledge - it's amazing how complex these Social Security rules can be, and having real people explain them in plain language makes such a difference!

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Welcome to the community, Sofia! I'm also new here and just learning about these complex Social Security rules myself. Your situation sounds very similar to what many of us have faced. It's incredible how much misinformation is out there about survivor benefits and remarriage - I think a lot of people, including some SSA employees, don't fully understand the nuances. The key takeaway from this discussion seems to be that remarrying before 60 doesn't permanently disqualify you, it just suspends your eligibility until that second marriage ends. At 61, you're so close to being able to make some important decisions about your benefits. I hope your situation works out well, and thanks for sharing - it helps to know we're not alone in navigating these complicated rules!

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As a newcomer to this community, I want to thank everyone for this incredibly informative discussion! I'm currently 58 and was widowed two years ago after a 22-year marriage. I've been hesitant to start dating seriously because I was under the impression that remarrying before 60 would permanently cost me my late husband's survivor benefits. Reading through all these responses has completely changed my understanding of the rules. It's such a relief to know that if I do remarry and it doesn't work out, I wouldn't be permanently locked out of those benefits. The distinction between temporary suspension and permanent loss is crucial information that I wish was more clearly communicated by SSA. This thread should be required reading for anyone navigating widowhood and considering remarriage!

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Welcome to the community, Lucas! I'm also new here and your situation really resonates with me. It's so frustrating how unclear these Social Security rules can be - I think many of us have been making major life decisions based on incomplete or incorrect information. The fact that you've been hesitant to date because of these benefit concerns shows how much these rules can impact our personal lives. What struck me most about this whole discussion is how the temporary suspension vs. permanent loss distinction isn't well communicated anywhere. I've read through SSA materials multiple times and never saw this explained clearly. It makes me wonder how many people are avoiding relationships or staying in unhappy marriages because they think they'll permanently lose benefits. Thanks for sharing your perspective - it's helpful to know others are grappling with these same concerns!

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As a newcomer to this community, I just want to echo what everyone else has said about how valuable this discussion has been! I'm currently 59 and was widowed three years ago after a 28-year marriage. I've been so afraid to even consider remarriage because I thought it would mean losing my late husband's survivor benefits forever. Reading through all these responses has been eye-opening - the fact that remarriage before 60 only temporarily suspends benefits rather than permanently eliminating them is information I've never seen clearly explained anywhere. It's amazing how many of us have been making major life decisions based on incomplete understanding of these rules. I'm grateful to everyone who shared their personal experiences and expertise here. This is exactly the kind of real-world guidance that's so hard to find elsewhere. Thank you all for creating such a supportive and informative community!

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Welcome to the community, Jacinda! I'm also a newcomer here and your story really hits home. At 59, you're so close to that crucial 60 age threshold! What I've learned from this discussion is that if you do meet someone special in the next year, you could actually wait until after you turn 60 to marry and then keep your survivor benefits permanently. But even if you don't wait, knowing that remarriage before 60 only suspends (rather than eliminates) your benefits gives you so much more freedom to make decisions based on love rather than fear of financial loss. It's incredible how this one thread has probably changed the life trajectories of so many people who were living under the cloud of misinformation about these rules. Thank you for sharing your situation - it really helps to know we're all navigating these complex waters together!

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As a newcomer to this community, I'm amazed by how comprehensive and helpful this entire discussion has been! I'm currently 55 and was widowed just six months ago after a 20-year marriage. I've been completely overwhelmed trying to understand my Social Security options and had pretty much accepted that if I ever wanted to remarry, I'd have to wait until 60 or lose my late husband's survivor benefits forever. Reading through everyone's experiences and the detailed explanations here has been incredibly enlightening - I had no idea that remarriage before 60 only temporarily suspends benefits rather than permanently eliminating them. This distinction is huge and honestly should be printed in bold letters on every SSA pamphlet! It's clear that many of us have been operating under misconceptions that could have seriously impacted our life choices. Thank you to everyone who shared their personal stories and expertise - this is exactly the kind of real-world guidance that's impossible to find in official government materials. I feel so much more confident about understanding my options now!

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Welcome to the community, Ava! I'm also a newcomer here and your situation really resonates with me. Being widowed at such a young age and trying to navigate these complex Social Security rules while grieving must be incredibly overwhelming. What I've learned from this entire discussion is just how poorly these important distinctions are communicated by SSA - the temporary suspension vs. permanent loss issue seems to be a huge blind spot in their educational materials. At 55, you actually have quite a bit of time to make informed decisions about your future, and knowing that remarriage before 60 doesn't permanently close any doors gives you so much more freedom. I think what strikes me most about all these stories is how many life-altering decisions people have been making based on incomplete information. Thank you for sharing your experience - it really helps to know that others are working through these same challenging situations. This community seems like such a valuable resource for getting real answers to these complicated questions!

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As a newcomer to this community, I want to add my voice to all the others thanking everyone for this incredibly detailed and helpful discussion! I'm currently 62 and was widowed four years ago after a 30-year marriage. I remarried last year at 61, thinking I was safe since I was over 60, but then started panicking when I heard conflicting information about whether my new marriage affected my survivor benefits. Reading through this thread has been such a relief - it's clear that since I remarried AFTER 60, I can continue receiving my late husband's survivor benefits even while married to my current spouse. What really strikes me is how many of us have been operating with incomplete or incorrect information about these crucial rules. The SSA website is so technical and hard to navigate, and it seems like even their own representatives sometimes give conflicting advice. This kind of peer-to-peer sharing of real experiences is invaluable. I've bookmarked this entire discussion to reference later, and I'll definitely be sharing it with other widows in my support group who are facing similar decisions. Thank you all for creating such a supportive and informative space!

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Welcome to the community, Jason! I'm also a newcomer here and your story is so reassuring to hear. It's wonderful that you were able to find love again and that you don't have to worry about losing your survivor benefits since you remarried after 60. What I find most valuable about this entire discussion is how it's created this comprehensive resource that covers so many different scenarios - people who remarried before 60, after 60, those considering divorce, and those still deciding whether to remarry. The collective wisdom shared here is honestly better than anything I've found in official SSA materials. Your idea of sharing this with your widow support group is excellent - I imagine there are so many people out there making major life decisions based on the same misconceptions we've all had. It's amazing how one person's question (Amy's original post) has turned into this incredibly detailed guide that could help countless others in similar situations. Thank you for sharing your experience and congratulations on your new marriage!

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As a newcomer to this community, I'm incredibly grateful to have found this discussion! I'm currently 57 and was widowed eight months ago after a 24-year marriage. I've been so confused about the Social Security survivor benefit rules, especially around remarriage, and this thread has cleared up so much misinformation I'd been carrying around. Like many others here, I thought remarrying before 60 would permanently eliminate my eligibility for my late husband's benefits, which was honestly making me hesitant to even consider dating again. Learning that it's only a temporary suspension that can be reversed if the second marriage ends is life-changing information. What really stands out to me is how this community has created such a comprehensive guide covering virtually every scenario - it's honestly more helpful than any official SSA resource I've found. The personal experiences shared here, especially from people like Lim Wong who went through the exact same situation, are invaluable. I'm also impressed by how everyone has been so supportive and informative. Thank you all for sharing your knowledge and experiences - this discussion has given me hope and confidence about my future options!

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Welcome to the community, Ethan! I'm also new here and your experience really mirrors what so many of us have been going through. At 57, you still have almost three years to make an informed decision about the timing of any potential remarriage, which gives you a lot of flexibility. What I've found most valuable about this entire discussion is how it's revealed the gap between official SSA information and what people actually need to know to make life decisions. The fact that so many of us were operating under the same misconception about permanent vs. temporary loss of benefits really highlights how poorly this crucial distinction is communicated. Your point about being hesitant to even date because of these benefit concerns really resonates - it shows how these rules can impact our emotional healing and willingness to open our hearts again after such a profound loss. I think what makes this community so special is that people are sharing not just the technical details, but the real emotional and practical implications of these policies. Thank you for adding your voice to this discussion!

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As a newcomer to this community, I want to thank everyone for this incredibly thorough and enlightening discussion! I'm currently 56 and was widowed two years ago after a 26-year marriage. Like so many others here, I've been operating under the assumption that remarrying before 60 would permanently cost me my late husband's survivor benefits. This thread has completely transformed my understanding of these rules - learning that remarriage before 60 only temporarily suspends benefits rather than eliminating them forever is absolutely game-changing information. What strikes me most is how many of us have been making major life decisions based on incomplete or incorrect information. I've actually turned down a serious relationship partly because I thought I'd be giving up financial security permanently. Now I realize I have much more flexibility in my choices. The personal stories shared here, especially from people who've actually navigated these exact situations, are worth their weight in gold. This is the kind of real-world guidance you simply cannot find in official SSA materials. I'll definitely be bookmarking this discussion and sharing it with other widows in my community who are facing similar decisions. Thank you all for creating such a supportive, informative space where people can get honest answers to these life-altering questions!

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Welcome to the community, Callum! I'm also a newcomer here and your story really resonates with me. It's heartbreaking to hear that you turned down a serious relationship partly because of these benefit concerns - that really shows how profoundly these misunderstood rules can impact our personal lives and healing journey after loss. At 56, you still have several years to make informed decisions about any future relationships, and now you know you have real options rather than an all-or-nothing choice. What I find most remarkable about this entire discussion is how it's created this incredible resource that addresses nearly every scenario someone in our situation might face. The combination of technical expertise from members like Alice Pierce and Elin Robinson, plus real-world experiences from people like Lim Wong who actually navigated these exact situations, makes this thread more valuable than any official government resource I've seen. It's clear that SSA really needs to do a better job communicating these crucial distinctions - the number of people here who were operating under the same misconceptions shows this is a systemic communication problem. Thank you for sharing your experience - knowing that others have faced these same difficult choices helps all of us feel less alone in navigating these complex decisions.

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As a newcomer to this community, I'm absolutely blown away by the depth and quality of this discussion! I'm currently 58 and was widowed 18 months ago after a 32-year marriage. Like virtually everyone else who's shared their story here, I had completely misunderstood the Social Security survivor benefit rules around remarriage. I genuinely believed that remarrying before 60 would permanently eliminate my eligibility for my late husband's benefits, which has been weighing heavily on my mind as I've started to consider the possibility of finding companionship again. Reading through all these personal experiences and expert explanations has been incredibly eye-opening - the distinction between temporary suspension and permanent loss is absolutely crucial information that seems to be poorly communicated everywhere else. What really strikes me is how this single thread has probably changed the life trajectories of dozens of people who were making major decisions based on incomplete information. The combination of technical expertise, real-world experiences, and genuine community support here is remarkable. I'm particularly grateful to members like Alice Pierce, Elin Robinson, and Lim Wong who've shared both their knowledge and personal experiences. This discussion should honestly be turned into an official resource guide - it's more comprehensive and useful than anything I've found on the SSA website. Thank you all for creating such an invaluable resource and supportive community!

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