I am 51 years old. I was married to my first husband for over 25 years. We divorced in 2018 and I remarried later that year at 48 years old. I have been on permanent social security disability fo years.

My first husband is 56 years old and has been diagnosed with a terminal illness. He is eligible for social security based upon his work record AND he is applying for disability.

I realize that by me remarrying I am ineligible to receive survivor benefits.

If I was to divorce my second husband BEFORE my first husband dies would I be eligible for survivor benefits? If so, how soon after my first husband dies?

If I was to divorce my second husband AFTER my first husband dies would I be eligible for survivor benefits? If so, how soon?

His retirement amount is around $1550 and disability would be around $1800.

Hi,

Yes, if you were unmarried it sounds like you would potentially qualify for disabled surviving divorced spousal benefits in the event of your ex-husband's death. However, if you're drawing your own Social Security disability (SSDI) benefits then you could only become eligible for survivor benefits if your ex's primary insurance amount (PIA) is higher than your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), or their full SSDI benefit rate.

It wouldn't matter whether you divorce your present spouse prior to or after your ex's date of death, but you couldn't qualify for survivor benefits any earlier than the month of your divorce. Disabled surviving divorced spousal benefits can be payable as early as age 50, so you apparently already meet the age requirement (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html).

Remember, though, that divorcing your present husband may result in you being unable to qualify for spousal or survivor benefits from his account. I don't have enough information to give you advice on your best course of action.

Best, Jerry