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!
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Alice Pierce
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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Amy Fleming
•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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Esteban Tate
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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Amy Fleming
•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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Ivanna St. Pierre
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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Elin Robinson
•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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Atticus Domingo
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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Amy Fleming
•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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Beth Ford
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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Morita Montoya
•I had the same issue trying to get through to SSA! But I found this service called Claimyr (claimyr.com) that got me connected to a real person at SSA in under 20 minutes. They have a demo video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me hours of frustration when I was sorting out my survivor benefits situation after my second divorce.
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Atticus Domingo
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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Amy Fleming
•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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Elin Robinson
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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Amy Fleming
•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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Ivanna St. Pierre
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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Alice Pierce
•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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