Social Security survivor benefits after remarriage and divorce - timing question

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.

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.

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.

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.

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.

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.

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!

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!

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.

I'm a widow who went through a similar situation about two years ago. One thing I'd add to all the great advice here is to make sure you understand exactly which benefit will be higher - your survivor benefit or your own retirement benefit when you reach full retirement age. In my case, my financial advisor helped me realize that while my survivor benefits were higher in the short term, my own retirement benefit would actually be higher if I waited until age 70 to claim it (due to delayed retirement credits). So I'm collecting survivor benefits now and plan to switch to my own record later. Since you mentioned your first husband's benefits were "significantly higher," this might not apply to your situation, but it's worth having SSA run the numbers for you when you meet with them. They can show you projections for both scenarios. Also, don't forget that once you're collecting survivor benefits again, you'll be eligible for Medicare at 65 based on those benefits if you're not already eligible through your own work record.

I just wanted to add my experience as someone who works with Social Security cases regularly. The advice here is generally accurate - there's no waiting period after your divorce is finalized to reclaim survivor benefits from your first husband. However, I'd strongly recommend getting your application submitted as soon as possible after your divorce decree is signed. While there's no waiting period to apply, benefits are typically paid from the month of application, not retroactively to when you became eligible again. So every month you delay could mean lost benefits. Also, when you do apply, ask the SSA representative to review your entire benefit history and run projections. Sometimes there are nuances in individual cases that can affect timing or benefit amounts. For example, if you have any gaps in your work history or changes in your own earnings record since your first husband passed away, these could impact your long-term strategy. One last tip: if you encounter any resistance or confusion from SSA staff (which unfortunately happens), don't hesitate to ask to speak with a supervisor or schedule a follow-up appointment with a different representative. Complex cases like yours sometimes require someone with more experience to process correctly. Good luck with your divorce finalization and getting your benefits reinstated!

I went through this exact situation with my sister about 18 months ago. She was widowed at 55, remarried at 57, then divorced at 60. The good news is that once your divorce is final, you can immediately reapply for your survivor benefits - no waiting period at all. One thing that really helped my sister was creating a timeline document before her SSA appointment. She listed all the key dates: first marriage date, first husband's death date, when survivor benefits started, remarriage date, when benefits stopped, separation date, and divorce finalization date. The SSA representative said it made the process much smoother. Also, be aware that you might need to provide proof that your second marriage has legally ended - not just separated. My sister's divorce took longer than expected to be officially recorded in the court system, which delayed her application by a few weeks. The reinstatement process took about 6 weeks for her, and she received her first payment about 2 months after applying. Just make sure to apply as soon as you have that divorce decree in hand - every month matters since they typically don't provide retroactive payments to the divorce date, only from when you apply. Hang in there - you're almost through this complicated process!

I'm a retired Social Security claims specialist, and I wanted to add some additional context that might help with your situation. You're absolutely right to be confused by the SSA website - these remarriage and divorce scenarios are some of the most complex benefit situations. Since you were under 60 when you remarried (you mentioned you were 58), your survivor benefits correctly stopped when you married in 2020. The good news is that once your divorce is final next month, you become immediately eligible to reclaim those survivor benefits with no waiting period whatsoever. Here are a few additional points to keep in mind: 1. **Benefit restart date**: Your benefits will typically begin the month after you file your application, so don't delay once you have your divorce decree. 2. **Required documentation**: In addition to your divorce decree, make sure you have your first husband's death certificate, both marriage certificates, your Social Security card, and photo ID. 3. **Benefit amount**: Your reinstated benefit will be the same amount you were receiving before your remarriage, without any cost-of-living adjustments that occurred during your marriage years 2020-2025. However, future COLAs will apply once benefits restart. 4. **Filing strategy**: Since you're 61 now, this is also a good time to ask SSA to run projections comparing your survivor benefit to your own retirement benefit at different claiming ages. This can help with long-term planning. The process should be straightforward once you have all your documentation ready. Best of luck with finalizing your divorce and getting your benefits reinstated!