Hi Larry
Thank you for replying ....I had asked you if I can collect from 1st husband that passed away, (Divorced survivors benefits) if I remarried before 50, and now I'm divorced only a few months from 2nd husband, 1st husband died almost 2 yrs ago, you had said Yes, and I read somewhere that you have to be divorced from 2nd husband before the 1st husband died, is that true???? if so that goes from his full benefit to 1/2, also you told me to download a program and I can't figure out how....I will be 66 2017, my earnings are very small...as I started out on disability few yrs back....sorry but again would I be entitled to 1st husbands full benefit or 1/2 his....?

Hi,

No, if you read somewhere that you must have been divorced before your ex dies in order to qualify for surviving divorced spousal benefits, that's not true. Surviving divorced spousal benefits are calculated the same as widow's benefits (i.e. the original rate is equal to the deceased spouse's FULL unreduced rate, unless the deceased received reduced retirement benefits prior to death).

And again, yes, it appears as though you should be eligible for survivor benefits on your 1st husband's record. If you are currently receiving Social Security disability benefits, it would be advantageous for you to apply for the surviving divorced wife's benefits ASAP. You can make an appointment by calling Social Security at 1-800-772-1213, or you can walk into an office to apply.

Assuming that your 1st husband's full benefit rate is higher than your disability benefit, what you will receive is essentially the difference in those 2 amounts. This will be added to your disability benefit, bringing your total up to basically the full widow's rate. However, until you reach full retirement age, the excess survivor amount will be slightly reduced, but the reduction will be removed after you reach full retirement age, which is 66 in your case. This provision of the Social Security law is explained in the following section of Social Security's program operations manual system (POMS): https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615350.

So, again, based on your description of your situation, it appears that your best option is to apply for benefits on your first husband's record as soon as possible.

Best, Jerry