Social Security survivor benefits after remarriage and divorce - timing question
I'm in a complicated situation with my Social Security benefits. I was married to my first husband for 22 years before he passed away in 2018. I started receiving survivor benefits, but then remarried in 2020 (I was 58). That marriage unfortunately didn't work out, and we're finalizing our divorce next month. I've heard there are rules about claiming survivor benefits from a first spouse after a second marriage ends, but I'm confused about the timing. Do I need to be divorced for a certain period before I can reapply for my first husband's survivor benefits? Or can I apply immediately after the divorce is final? The benefits from my first husband were significantly higher than what I'd get on my own record. The SSA website is so confusing on this topic, and I can't get through on the phone. Any help would be appreciated!
17 comments
Fatima Al-Sayed
Good news - you don't have to wait any specific time period after your divorce to reclaim survivor benefits from your first husband. As long as your divorce is legally finalized, you can immediately reapply for those survivor benefits. The key eligibility factor was that you were over 60 when you remarried (or over 50 if disabled). Wait...you mentioned you were 58 when you remarried? In that case, you would normally not be eligible to receive benefits on your first husband's record while married. But once divorced, you can reclaim those survivor benefits immediately. I suggest contacting SSA directly to reapply as soon as your divorce is final. Be prepared with your divorce decree and your first husband's death certificate when you apply.
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Giovanni Marino
•Thank you so much for this information! Actually I was 58 when I remarried, not over 60, which is why I stopped receiving the survivor benefits from my first husband when I remarried. So it sounds like once my divorce is final next month, I can immediately reapply? That's a huge relief!
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Dylan Hughes
When I went through something similar, I had SUCH a nightmare getting through to SSA by phone. After weeks of trying I found a service called Claimyr (claimyr.com) that got me connected to a real person at Social Security in under 10 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. It was seriously worth it because this is the kind of situation where you really need to talk to an actual agent to make sure everything gets processed correctly. My survivor benefits were reinstated within a few weeks after that call.
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Giovanni Marino
•Oh wow, I've never heard of that service! I've been trying to get through to SSA for weeks with no luck. I'll definitely check out that link. I agree that for something this important, I really need to speak to an actual person rather than trying to figure it out online.
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NightOwl42
you dont gotta wait at all after divorce is final. my aunt did this last year. got her benefits back like 3 weeks after her divorce was done. just make sure u got all ur paperwork ready when u go in. they want EVERYTHING.
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Giovanni Marino
•Thanks for sharing your aunt's experience! That's encouraging to hear. Did she apply online or go to the office in person? I'm trying to figure out the best approach.
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Sofia Rodriguez
The rules are actually different depending on whether you're talking about SSI or SSDI or regular retirement. My cousin had to wait 6 months before they would reinstate her. I think it depends on what state you live in too.
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Fatima Al-Sayed
•There's some confusion here. The wait time question is specifically about survivor benefits (not SSI or SSDI), and the rules are federal, not state-based. For survivor benefits, there is no waiting period after divorce - you can reapply immediately once the divorce is final. The 6-month period your cousin experienced was likely related to something else in her specific situation, not a standard waiting period for survivor benefits.
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Dmitry Ivanov
I HATE how the SSA handles these situations!!! I went through almost the exact same thing last year and let me tell you, it was a NIGHTMARE. They kept giving me different answers every time I called. First they said I could get benefits back right away, then they said I had to wait until the divorce was "fully processed in their system" which took FOUR MONTHS!!! By the time I finally got my benefits reinstated, I had to take out a loan to cover bills. The system is BROKEN. My advice: document EVERYTHING. Record the names of every person you talk to and what they tell you. And be prepared to FIGHT for what you're entitled to.
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Giovanni Marino
•Oh no, that sounds awful! I'm so sorry you had to go through that. I'm definitely concerned about the financial gap while waiting for benefits to be reinstated. Did you apply online or go to a local office? I'm wondering which would be faster.
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Ava Thompson
This happened to my mom too. She was getting survivor benefits from my dad, remarried at 56, then got divorced 3 years later. She got her benefits back pretty quickly after the divorce, I think within a month or so of applying. But here's the important part - she did lose out on cost of living adjustments (COLAs) that would have happened during her remarriage. So when she got the benefits back, they were at the same rate as when she had stopped receiving them, not adjusted for inflation. Something to be aware of.
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Giovanni Marino
•That's a really important point about the COLAs that I hadn't considered. I wonder if there's any way to get those adjustments included when benefits are reinstated. I'll definitely ask about that when I finally reach someone at SSA. Thank you for sharing your mom's experience!
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Miguel Herrera
I'm going through this exact situation right now! My divorce was finalized three weeks ago, and I just had my appointment with SSA yesterday to reinstate my survivor benefits from my first husband. The representative confirmed there's no waiting period - you can apply as soon as you have the final divorce decree in hand. However, be prepared for potential processing delays. They told me it could take 30-60 days for my benefits to actually restart after my application was approved. I'm also dealing with having to pay back some benefits I received during the divorce process when I was technically still married (my fault - I didn't notify them quickly enough when I remarried). Make an appointment rather than just walking in. And bring EVERY document you can think of - your birth certificate, Social Security card, marriage certificates from both marriages, divorce decree, death certificate of first spouse, etc. Better to have too much documentation than not enough!
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Giovanni Marino
•This is incredibly helpful - thank you! It's so reassuring to hear from someone going through the same thing. I'll definitely gather all those documents you mentioned. Did you make your appointment by phone or were you able to schedule it online? And thanks for the heads-up about the 30-60 day processing time - I need to plan for that financially.
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Miguel Herrera
•I scheduled online through the SSA website, which was actually pretty easy. The hard part was getting answers to my questions before the appointment! If you have specific questions, definitely try calling or using that service someone mentioned above, because the online information is really limited for complex situations like ours.
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Sofia Rodriguez
my neighbor had to deal with this and she got back benefits from the time she applied but not from when her divorce was final, so don't wait to apply!
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Fatima Al-Sayed
Just to clarify a few points that have come up in this thread: 1. There is absolutely no waiting period after divorce to reclaim survivor benefits from a previous spouse. You can apply immediately once the divorce is final. 2. The rules are federal, not state-based. 3. You will not automatically receive back payments from the date of your divorce - benefits typically start from the month you apply, which is why applying promptly after divorce is important. 4. The COLA issue mentioned is correct - your benefit amount will be based on what you were receiving when you stopped getting benefits, without the COLAs that would have occurred during your remarriage. 5. Processing times vary, but 30-60 days is typical right now in 2025. And yes, having all documentation ready is crucial - final divorce decree, death certificate of your first husband, both marriage certificates, your ID, and Social Security card at minimum.
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