Mediate Michigan

Your ability to receive survivor’s benefits based on your ex-husband’s work history doesn’t depend on whether he remarried, but on whether you remarried. Here’s what the Social Security Web page, “Qualifying for Divorced Spouse benefits” says about your situation:

A person can receive benefits as a surviving divorced spouse on the Social Security record of a former spouse who died fully insured, if he or she:

* Is at least age 60, or age 50 and disabled;

* Was married to the former spouse for at least 10 years; and

* Is not entitled to a higher Social Security benefit on his or her own record.

If the surviving divorced spouse age 60 or over applying for benefits remarried after age 60, or after age 50 and at the time of remarriage was entitled to disability benefits, the marriage is disregarded. If a person is already entitled to benefits as an aged or disabled surviving divorced spouse and remarries, benefits continue regardless of the person’s age at the time of remarriage.

via Social Security rights survive divorce.