A relative of mine is a widow whose husband died about 15 years ago. She remarried before she turned 60, so she is not eligible to the survivor benefit from her late husband. She has been married less than 10 years. She is now 63. My understanding is if she and her current husband divorce, she would become eligible for his survivor benefit, which is 50% higher than her current full retirement amount. Is my understanding correct? Also, if it is correct, is there any waiting period after a divorce before she would be eligible for the survivor benefit?

Hi,

Yes, if your relative's current marriage ends in divorce, it sounds like she'd qualify for widow's benefits on her former husband's record. And, there is no waiting period for eligibility. In fact, she could become entitled as early as the month that her divorce is final, however, that may not be her best option. She would probably be better off just drawing her own reduced retirement benefits until her widow's benefit reaches it's peak rate, which is most likely at her full retirement age.

Best, Jerry