1. Home
  2. More
  3. Can a Divorced Widow Claim Her First Husband’s Social Security Benefits?
  • Sign up
  • Sign in
Money Talks News
  • Popular
  • Latest
    • Coronavirus
    • Ask Stacy
    • Make
    • Save
    • Borrow
    • Grow
    • Live
    • More
  • Deals
    • Automotive
    • Clothing & Accessories
    • Computers
    • Electronics
    • Everything Else
    • Financial Services
    • Gaming & Toys
    • Health & Beauty
    • Home & Garden
    • Movies, Music & Books
    • Office & Supplies
    • Special Occasion
    • Sports & Fitness
    • Store Events
    • Travel & Entertainment
  • Podcasts
  • Solutions
  • Academy
  • Subscribe to our newsletter
  • Follow us on Facebook
  • Follow us on Twitter
  • Search our site
Shocked couple looking in clothes dryer at laundry6 Things You May Not Know a Clothes Dryer Can Do
Excited man on phone looking at laptop in surprise11 Services You Didn’t Know Social Security Offers
Trader Joe's grocery storeShoppers Love This Supermarket Even More Than Costco
Happy older investor6 Things You Must Do When Your Savings Reach $100,000

Can a Divorced Widow Claim Her First Husband’s Social Security Benefits?

The rules are complicated when it comes to eligibility for survivors benefits.

Advertising Disclosure: When you buy something by clicking links on our site, we may earn a small commission, but it never affects the products or services we recommend.

Jeff Miller • November 26, 2020

Share on Facebook Share on Twitter Share by Email Printable version available to members PDF version available to members
Senior woman
Miss Ty / Shutterstock.com

Welcome to our “Social Security Q&A” series. You ask a question about Social Security, and a guest expert answers it.

You can learn how to ask a question of your own below. And if you would like a personalized report detailing your optimal Social Security claiming strategy, click here. Check it out: It could result in receiving thousands of dollars more in benefits over your lifetime!

Today’s question comes from Jim:

“Suppose that two people are married for over 10 years, then divorced and the wife remarries. Then, her new husband dies after several years of marriage. Is she eligible to claim against the first husband’s benefits?”

The rules surrounding survivors benefits

Jim: The quick answer to your question is that she is eligible to receive benefits, but there are many conditions associated with the eligibility of divorced spouses. As long as the original marriage lasted for 10 years and she is unmarried, she is eligible for Social Security benefits based on the record of her first partner. These include survivors benefits.

On the other hand, if the second marriage had taken place before the age of 60 and the new husband had not passed away or the second marriage had not ended in divorce or annulment, then she would be ineligible for these benefits. If the second marriage took place after age 60, then she would be eligible for benefits even if she is still married.

The general rule for a spouse is that the primary beneficiary must claim benefits before a spouse can claim spousal benefits. A primary beneficiary cannot claim benefits before age 62. If a divorced spouse is eligible for benefits under the above conditions, she or he does not have to wait for the ex to claim — spousal benefits can be claimed once the ex has reached age 62.

Retire on Your Own Terms With Help From This Course
See Also:
Retire on Your Own Terms With Help From This Course

When a divorcee claims a spousal benefit or a survivors benefit, this has no effect on the benefits received by the present spouse. Social Security just pays both the divorced spouse and the present spouse.

Making a good choice about when to claim benefits does not depend only on eligibility to obtain spousal benefits. For example, a divorcee may be better off taking her or his own benefit rather than a spousal benefit. Like any other Social Security claiming decision, it is useful to obtain advice about your special situation. To obtain a personalized report, go here.

Got a question you’d like answered?

You can submit a question for the “Social Security Q&A” series for free. Just hit “reply” to the Money Talks News newsletter and email your question. (If you don’t already receive the newsletter, you can sign up for free, too: Click here, and the sign-up box will pop up.)

You also can find all past answers from this series on the “Social Security Q&A” webpage.

About me

I hold a doctorate in economics from the University of Pennsylvania and taught economics at the University of Delaware for many years. Presently, I am teaching at Gallaudet University.

In 2009, I co-founded SocialSecurityChoices.com, an internet company that provides advice on Social Security claiming decisions. You can learn more about that by clicking here.

Disclaimer: We strive to provide accurate information with regard to the subject matter covered. It is offered with the understanding that we are not offering legal, accounting, investment or other professional advice or services, and that the SSA alone makes all final determinations on your eligibility for benefits and the benefit amounts. Our advice on claiming strategies does not comprise a comprehensive financial plan. You should consult with your financial adviser regarding your individual situation.

  Like Article   Add a Comment

Sign up for our free newsletter!

Simple ways to make, save, and grow your money daily:

  happy subscribers    
MTN Podcasts

Every week our podcasts bring you lively money discussions that will give you a few laughs along with advice that will make you richer.

Money with Stacy Johnson

Listen/Subscribe

Read Next

Some of our favorite stories for you to read next.

Happy senior couple enjoying retirement
26 States That Won’t Tax Your Social Security This Year
Senior mother and daughter
Am I Eligible for My Mother’s Social Security Benefit?
Couple standing on the shore.
These 13 States Tax Social Security Income
Sign up for our free newsletter!

Join our many free newsletter subscribers building wealth and destroying debt:

Popular Topics
  • Retirement Investment
  • Surveys for Money
  • How to Make Money Online
  • Emergency Stockpile
  • Free Movie Streaming
  • Senior Discounts
Connect
  • Support & FAQs
  • Memberships
  • About
  • Contact
  • Careers
  • Accessibility Statement
Media
  • Television
  • Where We Air
  • Scripts
  • Sitemap
Legal
  • Terms
  • Privacy
  • Cookies
Editorial
  • Fact-Checking Policy
  • Ethics Policy
  • Corrections Policy
  • Ownership & Funding Info

Do Not Sell My Personal Information

© 2023 Money Talks News. All Rights Reserved.
‭1 (833) 669-8557 | 1732 1st Ave #26661, New York, NY 10128

Advertising Disclosure: This site may be compensated in exchange for featured placement of certain sponsored products and services, or your clicking on links posted on this website.

Add a Comment

Our Policy: We welcome relevant and respectful comments in order to foster healthy and informative discussions. All other comments may be removed. Comments with links are automatically held for moderation.

Cookie Notice

Our website uses cookies to ensure you get the best browsing experience. By using our website, you agree to our use of cookies. Visit our Cookie Policy and Privacy Policy to learn more.

Sign up for our free newsletter!

Join our happy subscribers and sign up for our free newsletter! You'll get:

  • Tips and advice from our expert money reporters. (Our average experience is 18 years!)
  • Unexpected ways to make more and spend less, delivered to you daily.
  • The best deals and coupons to save on everything you buy.