Social Security survivor benefits confusion - can I claim from ex-spouse if current spouse dies first?

You've got it partially right, but there are some important details you should know. Since you remarried before 60, you generally cannot claim survivor benefits on your ex-spouse's record, even if your current spouse passes away. The rule is that you must be unmarried OR have remarried after age 60 to be eligible for survivor benefits from a deceased ex-spouse. However, if your current marriage ends (either by death or divorce), you COULD then become eligible for survivor benefits from your ex-spouse if he has passed away by that point. The order of death between your current spouse and ex-spouse doesn't matter for eligibility purposes. Since you were married to your ex for over 10 years, you meet the duration requirement for ex-spouse benefits. Just remember that survivor benefits are different from spousal benefits - different rules apply.

My mom went through something similar and the SSA told her totally different things each time she called!!! So frustrating! I think you should just call them directly and ask but good luck getting through lol

Let me clarify exactly how this works: 1. If your current husband passes away, you would be eligible for survivor benefits on his record. 2. If your ex-husband passes away while you're still married to your current husband, you CANNOT claim survivor benefits on your ex's record because you remarried before age 60. 3. If your current marriage ends (through death or divorce) AND THEN your ex passes away, you could claim survivor benefits on your ex's record. 4. If your current marriage ends (through death or divorce) AFTER your ex has already passed away, you still cannot claim survivor benefits on your ex's record because you were married to someone else at the time of his death AND had remarried before 60. The key factor is your marital status at the time of your ex-spouse's death, combined with whether you remarried before or after 60. The order of death between your current husband and ex does matter in determining eligibility.

i went thru something similar and let me tell u, it depends on which ssa person u talk to!! they all tell u different things. my cousin was told one thing and then when she went to file they said something completely different!!

I've seen SO MANY people get wrong information about this exact situation! The SSA phone reps often misunderstand these complicated rules. If you're trying to plan ahead, I'd recommend documenting everything carefully. If your ex's benefit would be substantially higher, you might want to run the numbers on different scenarios. One thing nobody mentioned - if your current spouse passes away, you get survivor benefits from him. Then if you were to divorce and remain unmarried until 60, and THEN remarry someone else, you could potentially keep those survivor benefits from your second husband. Social Security rules are INCREDIBLY complicated when multiple marriages are involved!

YOU ARE GETTING INCORRECT INFORMATION!!! I just went through this EXACT scenario with my aunt. She remarried at 58 after divorcing her husband of 25 years. Current husband died first, then ex died 2 years later. SSA DENIED her claim for benefits on her ex's record specifically BECAUSE she was married at the time of his death AND had remarried before 60!!! Don't believe what people tell you here - go straight to SSA and get it in writing!!! The order of deaths ABSOLUTELY MATTERS in this scenario!!

Have you tried calling the Social Security office? I know it can be really frustrating to get through to them. I spent 3 weeks trying to get someone on the phone about my disability claim - always on hold for hours then disconnected. I finally found a service called Claimyr (claimyr.com) that got me connected to an agent in under 2 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU They basically call SSA for you and then call you when they have an agent on the line. Totally worth it for complicated situations like yours where you need answers directly from SSA. With rules this complex about multiple marriages and timing, I wouldn't trust forum advice alone.

Just to be absolutely clear about the rules (since there's some confusion in the comments): To receive survivor benefits on an ex-spouse's record, you must: 1. Have been married to that ex-spouse for at least 10 years (you meet this at 22 years) 2. Be at least 60 years old (or 50 if disabled) when applying 3. NOT be entitled to a higher benefit on your own record 4. Be unmarried OR have remarried after turning 60 (or 50 if disabled) The critical part for your situation is that when your ex-spouse dies, if you are married to someone else AND you remarried before turning 60, you permanently lose eligibility for survivor benefits from that ex-spouse. The timing matters tremendously here. This is why getting accurate information directly from SSA is so important for planning purposes.

You've received good information about the specific rules, but I'd recommend also thinking about how this affects your overall retirement strategy. Since you're 58, you're approaching the age where you need to start making decisions about when to claim your own retirement benefits. Your own retirement benefit at Full Retirement Age (FRA) is completely separate from any potential survivor benefits. You should consider whether maximizing your own benefit by waiting until 70 might be advantageous, especially given the uncertainty around survivor benefits. The SSA's website has some good calculators, but this is definitely a situation where speaking directly with them about your specific circumstance is worthwhile.

I want to add one more perspective that might be helpful for your planning. While the rules around ex-spouse survivor benefits are clear (and disappointing in your case), don't forget that you also have your own Social Security work record to consider. At 58, you're at a crucial planning stage where you should be looking at ALL your potential benefits: your own retirement benefit, potential survivor benefits from your current husband, and how the timing of claiming each affects the others. Sometimes people get so focused on the "what if" scenarios with ex-spouses that they overlook optimizing their own benefits. Since you mentioned your ex had much higher earnings, I'm wondering if you've also checked what your own benefit would be if you delay claiming until age 70? The delayed retirement credits can make a significant difference. You might also want to look into whether you qualify for any spousal benefits from your current husband while he's still alive, which could be a bridge strategy. The SSA's online tools can give you estimates, but given how complex your situation is with multiple marriages, I'd really recommend getting a comprehensive benefits analysis from SSA directly.

I've been following this discussion and want to emphasize something that might get overlooked in all the complex rules about ex-spouse benefits. Since you're 58 and clearly thinking ahead about retirement planning, make sure you're also maximizing your current Social Security credits. If you're still working, these next few years before you hit full retirement age are crucial for potentially increasing your own benefit calculation. Social Security uses your highest 35 years of earnings, so if you're earning more now than in some of your earlier working years, you could be boosting your own retirement benefit significantly. Also, don't forget that even though the survivor benefit rules from your ex are disappointing, you may still be eligible for spousal benefits from your current husband while he's alive (up to 50% of his benefit at your full retirement age). This could be valuable if his benefit is substantially higher than your own. The key is to run all the numbers - your own benefit, potential spousal benefits from current husband, and potential survivor benefits - to create the best claiming strategy for your specific situation.

Just wanted to add something that might be helpful for your planning - I went through a similar situation with my mom a few years ago. She had been married to my dad for 20+ years, divorced, then remarried before 60. The SSA representative we spoke with was very clear that once she remarried before 60, she essentially "gave up" any future claim to survivor benefits from my dad, regardless of when either spouse died. What really helped her was getting an official written statement from SSA about her specific situation. When you do call them (and I'd definitely recommend the Claimyr service someone mentioned - we used it and it saved us hours of frustration), ask them to send you a letter outlining your benefit options. This way you have official documentation for your retirement planning. One thing that surprised us was learning that if her second husband had died first, she could have potentially remarried again after age 60 and still kept his survivor benefits. Social Security rules reward waiting until 60 for remarriage in so many ways! Since you're 58 and clearly a planner, you might also want to consider whether it makes sense to maximize your working years now to boost your own benefit calculation. Sometimes that ends up being the best strategy anyway.

This is such a complex situation, and I really appreciate everyone sharing their experiences and knowledge here. As someone who's dealt with similar Social Security questions for family members, I wanted to add that timing really is everything with these benefits. One thing I learned that might be helpful - when you do get that official written analysis from SSA that others have mentioned, make sure to ask them to run scenarios for different claiming ages. Since you're 58, you have several years to optimize your strategy. For example, if your own benefit would be significantly higher by waiting until age 70 due to delayed retirement credits, that might end up being your best option regardless of the survivor benefit limitations. Also, don't forget to factor in Medicare planning alongside your Social Security decisions. The interaction between when you claim benefits and when you need to enroll in Medicare can affect your overall retirement income strategy. The frustrating reality is that the remarriage before age 60 does limit your options with your ex-spouse's record, but it sounds like you have several other pathways to explore. Good luck with your planning!

I've been working in retirement planning for over 15 years and wanted to add some clarity to this discussion. The information you've received about the remarriage before 60 rule is absolutely correct - this is one of the most misunderstood aspects of Social Security. Since you remarried at age 58 (before 60), you've permanently forfeited any future claim to survivor benefits from your ex-husband, regardless of when either spouse dies or the order of their deaths. This is a hard rule with no exceptions. However, don't let this discourage your overall retirement planning! Here are some strategies to consider: 1. **Maximize your own benefit**: Since you're still working at 58, these are crucial years for boosting your Social Security calculation. Consider working until 70 if possible for the delayed retirement credits. 2. **Spousal benefits from current husband**: While he's alive, you may be eligible for spousal benefits up to 50% of his full retirement age benefit. 3. **Survivor benefits from current husband**: If he predeceases you, you'd be eligible for 100% of his benefit amount. 4. **File and suspend strategies**: Depending on your birth year and his, there may be claiming strategies that optimize your combined lifetime benefits. I'd strongly recommend getting a personalized Social Security statement and having SSA run projections for multiple scenarios. The rules are complex, but understanding all your options will help you make the best decisions for your situation.