Jul
20
2011
By Guest (not verified)
My first wife and I were married for 16 years. We divorced in 1986, She remarried and it lasted less than 10 years. She died 10 years ago. I'm 63, been on Social Security after age 62. I'm soon to be divorced. What will I need to make a claim on my first wifes Social Security?
Remarriage and survivor benefits
This depends when you remarried. You will want to confirm with the SSA, but if you remarried before age 60, it's unlikely you can claim survivor benefits based on her record. In general, you cannot receive survivors benefits if you remarry before the age of 60 unless the latter marriage ends, whether by death, divorce, or annulment. If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record.
Also, in general, "double dipping" is not possible. In other words, you receive the higher of your Social Security retirement benefits based on your work record, or survivor benefits based on your ex-wife's record. Not the sum of both.
http://www.ssa.gov/survivorplan/ww&os2.htm#remarriage