Social Security survivor benefits after short marriage to deceased ex-husband
I'm trying to figure out if I qualify for any survivor benefits from my ex-husband who passed away. Here's my situation: we were married for 6 years before divorcing, and he died about 6 months after our divorce was finalized. He was only 50 when he passed but had earned good money his entire career. I'm now at my full retirement age (68) but haven't started collecting my own benefits yet because they're pretty low. I was planning to wait until 70 to maximize what I get. Does anyone know if I'm eligible for any survivor benefits based on his record? I've heard different things about marriage length requirements for divorced spouse benefits vs. survivor benefits. I've never remarried. Would really appreciate any help understanding my options before I make my filing decision!
14 comments
Amara Nwosu
For divorced spouse survivor benefits, the marriage needs to have lasted at least 10 years. Unfortunately, with only 6 years of marriage, you wouldn't qualify for survivor benefits based on your ex-husband's record. The 10-year rule is a strict requirement for divorced spouse benefits (both regular and survivor). Since you're already at your FRA (68) and have a relatively small benefit amount, waiting until 70 to maximize your own retirement benefit is probably still your best strategy. Your benefit will continue to grow by 8% per year until age 70.
0 coins
AstroExplorer
•Wait I think thats wrong actually. The 10 year rule is for divorce benefits but survivor benefits might be different? My aunt got benefits from her ex when he died and they werent married that long.
0 coins
Giovanni Moretti
The previous responses contain some misinformation. For divorced spouse survivor benefits, the 10-year marriage duration requirement applies ONLY if your ex is still alive. If your ex-spouse is deceased, different rules apply. For survivor benefits as a divorced widow, you need to meet these requirements: 1. Your marriage lasted at least 10 years OR 2. You're caring for your ex-spouse's child who is under 16 or disabled 3. You're unmarried (or remarried after age 60) 4. You're at least 60 years old (50 if disabled) Since your marriage was only 6 years and you don't mention having children with your ex, unfortunately you wouldn't qualify for survivor benefits. Your original plan to wait until 70 to maximize your own benefit is probably still your best option.
0 coins
Liam O'Donnell
•Thank you for clarifying this! So it sounds like I'm out of luck with survivor benefits since we didn't have children together. I was hoping there might be some exception since he died so soon after our divorce. I'll stick with my plan to wait until 70 for my own benefits then. It's just tough living on savings until then, but I guess that's my only option.
0 coins
Fatima Al-Farsi
Sorry about ur situation my friend went thru something similar. Have u actually tried calling SSA yet? Sometimes the rules have exceptions or maybe theres some other benefit u could get.
0 coins
Dylan Cooper
•Calling SSA is a great suggestion! Even if there's no exception to the 10-year rule (which is pretty strict), they might be able to run calculations to help you decide if waiting until 70 is really your best option. With all these complicated rules, talking to a real person is usually the way to go.
0 coins
Sofia Perez
The problem with trying to call SSA is you'll be on hold FOREVER!!! I tried calling them about my widows benefits last month and was on hold for TWO HOURS before I got disconnected. Then called back and waited another hour before giving up. Their phone system is a NIGHTMARE and the offices are still backed up from covid. It's absolutely ridiculous how they treat seniors who need help!!
0 coins
Dmitry Smirnov
•I had the same frustrating experience trying to reach SSA about my benefits. After multiple failed attempts with hour-long holds, I found this service called Claimyr that got me through to an agent in under 20 minutes. It saved me so much time and stress! They basically call SSA for you and then connect you once they reach a representative. You can see how it works in their video demo: https://youtu.be/Z-BRbJw3puU I was skeptical at first, but it actually worked really well when I needed to discuss my application status. Their website is claimyr.com if you want to check it out. So much better than wasting entire days on hold.
0 coins
Dylan Cooper
Just wanted to share my experience - I thought I wouldn't qualify for anything from my ex because we were only married 8 years, but it turned out I was eligible for a small death benefit (the one-time $255 payment) even though I couldn't get monthly survivor benefits. Not much, but it's something. Different situation though because we were still married when he died.
0 coins
Fatima Al-Farsi
•Thats a good point about the lump sum death benefit! But I think since they were already divorced when he died she probly cant get even that. The system is so unfair sometimes.
0 coins
Giovanni Moretti
One other aspect to consider if your own benefit is low: have you checked if you qualify for SSI (Supplemental Security Income)? If your resources and income are below certain limits, you might qualify for SSI now, even while waiting to claim your retirement benefit at 70. Another option worth exploring: if you worked fewer years than your ex-spouse, you might want to calculate whether claiming at 68 (now) might actually be better than waiting until 70. The extra 2 years of payments might outweigh the 16% increase you'd get by waiting, depending on your life expectancy and financial needs. I'd recommend using the calculators on ssa.gov or scheduling an appointment with a claims specialist to run different scenarios.
0 coins
Liam O'Donnell
•I hadn't thought about SSI - I'll definitely look into that. My assets might be too high since I have some savings I'm living on, but it's worth checking. And you make a good point about calculating whether waiting is actually better. I just assumed waiting to 70 was always best, but maybe I should do the math more carefully. Thanks for these suggestions!
0 coins
Amara Nwosu
This is exactly why Social Security rules need to be reformed. The arbitrary 10-year cutoff for divorce benefits hurts many people who fall just short. After all, 6 years is still a significant relationship, and your ex contributed to the system his entire career. Unfortunately, until Congress changes these rules, SSA representatives have to follow them exactly as written. For now, I agree with the suggestion to look into SSI while waiting for your retirement benefits. Also consider whether you might qualify for any state-based assistance programs that could help bridge the gap until age 70.
0 coins
AstroExplorer
•Yes! The 10 year rule is so unfair. My neighbor got divorced after 9 years and 10 months and got nothing from her ex-husbands record even tho he made 3x what she did for their whole marriage. The whole system needs to be fixed!
0 coins