I Lost Money as a Widow and Ex-spouse by Not Knowing the Rules – Ask Rusty

Dear Rusty: I just found out, as someone who was collecting widow’s benefits on my second husband (a very small amount) for some time, that I was, all along, entitled to divorce benefits from my first husband which are much more. I thought I had to wait until my first husband passed before I could collect anything from him. Now I learned I have the right to collect as a divorcee. All of these years I have been missing out on a bigger benefit because I didn’t know this. Please make this clear and stress it for others in my position. Signed: Lost Benefits

Dear Lost Benefits: I am truly saddened that you lost out on benefits from your first husband for such a long time. Although you could not collect an ex-spouse benefit from Husband #1 while you were married to Husband #2, as soon as your current husband died you again became eligible for ex-spouse benefits from Husband #1. Basically, the rules say you cannot collect benefits from an ex-spouse if you have remarried and remain married. In other words, you cannot be “currently married” to collect benefits from an ex-spouse. But the death of Husband #2 meant that you were now eligible to collect ex-spouse benefits from your first husband – husband #1. I hope when you later filed for your ex-spouse benefits you asked for six months of retroactive benefits.

In your situation, when your Husband #2 died, you actually had a choice – either collect your surviving spouse benefit from your recently deceased husband #2, or to collect a regular ex-spouse benefit from your first husband if that is more than your benefit as your second husband’s widow. Regular ex-spouse benefits from your first husband are available even though he is still living (and, indeed, even if he remarried) because you are no longer married to husband #2.

This, however, is not always the way things work out for someone who has had multiple marriages. It all depends on the SS benefit each former spouse was entitled to. That’s because your survivor benefit as your 2nd husband’s widow is based on the full (100%) amount he was receiving from Social Security when he died. In contrast, your benefit as your first husband’s ex-spouse while he is still living will be based upon half (50%) of his full retirement age SS entitlement. And often, 100% of a deceased person’s SS benefit is more than 50% of another living person’s amount. But not always.

It’s important to also know that if you claim any SS benefit before reaching your personal full retirement age (FRA), the monthly amount will be reduced. Benefits as a spouse (or a surviving spouse) do not reach maximum until the spouse reaches FRA, which is somewhere between age 66 and 67 depending on the spouse’s year of birth. It’s also important to know that if a surviving spouse is working, any SS benefit received will be subject to Social Security’s Annual Earnings Test (AET), which limits how much can be earned before SS benefits are affected. For 2026, the earnings limit for those collecting early SS benefits is $24,480 and, if that limit is exceeded, Social Security will take away some of your benefits. Note that the earnings test goes away when you reach your full retirement age.

Finally, be aware that if your first husband also predeceases you, you will then become eligible for a surviving ex-spouse benefit from him, even if he has remarried.

This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained and accredited by the National Social Security Association (NSSA). NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (amacfoundation.org/programs/social-security-advisory) or email us at [email protected].