Can I claim Social Security survivor benefits after ex-husband died? Divorced 20 years, never remarried
I just found out my ex-husband passed away last month at age 69 (born in 1954). We were married for 21 years but have been divorced for 20 years now. I'm 64 and still working full-time with decent income. I've never remarried since our divorce. Does anyone know if I qualify for survivor benefits as his ex-spouse? Would it make sense to apply now or wait until my full retirement age? I'm completely confused about whether the divorce affects my eligibility since it's been so long. Any advice would be really appreciated.
19 comments
Aisha Abdullah
Yes, you can absolutely apply for survivor benefits as a divorced spouse! The requirements are: 1) marriage lasted at least 10 years (yours was 21), 2) you haven't remarried before age 60 (you haven't remarried at all), and 3) you're at least 60 years old (you're 64). The fact that you've been divorced 20 years doesn't matter at all for survivor benefits. You should contact SSA right away because survivor benefits can sometimes be retroactive to the date of death.
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GalaxyGuardian
•Thank you so much! I had no idea I could qualify after being divorced for so long. Do you think I should wait until my full retirement age to get the maximum benefit? Or is there an advantage to claiming now?
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Ethan Wilson
I'm in almost the exact same situation!!! My ex passed 3 months ago and I was totally LOST about what to do. Called Social Security 23 times before finally getting through. The survivor benefits are different from regular spousal benefits after divorce - you CAN get them even all these years later!! Make an appointment ASAP because it can take FOREVER to process!!!
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Yuki Tanaka
•I got thru to SSA on my first try using Claimyr.com - saved me hours of frustration. You just put in your number and they call you when an agent is available. They have a demo video at https://youtu.be/Z-BRbJw3puU that shows how it works. I was skeptical but it actually got me through when I needed to file my widow benefits.
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Ethan Wilson
•Wish I'd known about that!! Would've saved me so much frustration. The hold music was making me CRAZY lol
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Carmen Diaz
Since you're still working full-time at age 64, there are some important things to consider: 1. If you take survivor benefits now at 64, they'll be reduced since you're below your Full Retirement Age (FRA). 2. Working full-time means you're still subject to the earnings test until FRA, which could reduce your benefits if you earn above $22,750 in 2025. 3. You might consider taking reduced survivor benefits now and switching to your own retirement benefit at 70 if it would be higher. 4. Alternatively, you could take your own reduced retirement benefit now and switch to full survivor benefits at your FRA. The best strategy depends on your own earnings record compared to your ex-husband's. I'd recommend making an appointment with SSA to review both records and calculate the optimal filing strategy.
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GalaxyGuardian
•This is incredibly helpful - I didn't realize I could potentially switch between benefits. My earnings have been pretty good over my lifetime, so I need to figure out which would be higher in the long run. Will definitely make an appointment to go over both records.
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Andre Laurent
my mom just went thru this exact thing!!! the social security office was sooooo confusing. they kept telling her different things each time she called. make sure u get everything in writing!!
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AstroAce
•This is why I always tell people to make an appointment in person at your local field office. Over the phone they often don't have your complete record in front of them and can give incorrect information. Bring all your documents - marriage certificate, divorce decree, ex's death certificate if you have it (though they can usually verify death electronically now).
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Zoe Kyriakidou
Just a heads up - I've been through this process and there's a huge difference between divorced spouse benefits (when ex is living) and divorced spouse survivor benefits (when ex has died). Since your ex has passed, you're eligible for the full survivor benefit amount regardless of whether your ex remarried or whether they had started collecting benefits. But watch out for the earnings test if you're working - they'll deduct $1 for every $2 you earn above the annual limit until you reach FRA.
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GalaxyGuardian
•Thanks for clarifying! I was definitely confusing the two types of benefits. So even with the earnings test, it might still be worth applying now? I make about $75,000 annually at my current job.
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Zoe Kyriakidou
•At $75,000 income, you'd lose a significant portion to the earnings test. Quick math: You're $52,250 over the 2025 limit, so they'd withhold about $26,125 from your annual survivor benefit. If your ex's benefit was substantial, you might still receive something, but it might be better to wait until FRA when the earnings test no longer applies. Definitely get a calculation from SSA based on both your records.
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AstroAce
I see comments suggesting you apply right away, but consider this: At 64, you'd get approximately 87.5% of the full survivor benefit. If you wait until your FRA (probably 66+4 months based on your age), you'd get 100%. Plus, with your good income, the earnings test would significantly reduce any benefit you'd receive now anyway. The smart move might be to: 1. Apply ONLY to establish eligibility 2. Request to have benefits suspended until your FRA 3. Continue working without worrying about the earnings test 4. Start receiving full survivor benefits at FRA 5. Evaluate at FRA whether to switch to your own benefit at 70 if it would be higher
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Aisha Abdullah
•This is excellent advice. One small correction though - survivor benefits reach their maximum at FRA, they don't continue to grow until 70 like retirement benefits do. So there's no advantage to waiting past FRA for survivor benefits.
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GalaxyGuardian
•This is making a lot more sense now. So I should still apply soon just to establish eligibility, but I can choose to suspend actual payments until FRA to avoid the reduction and the earnings test? That seems like it might be the best option for my situation.
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Yuki Tanaka
When my husband died I had to wait 8 weeks just to get an APPOINTMENT to apply for survivor benefits! and then another 3 months to actually get my first payment. start the process now even if you decide to suspend payments until later.
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Ethan Wilson
•OMG same!!! The wait times are RIDICULOUS. And they backdate payments to your application date, not the death date, so every week you wait is $$ lost forever!
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Jamal Brown
My sister in law tried to claim on her exs record and SSA sais she couldnt because she didnt have her marriage certificate anymore after all those years. Make sure you have all your paperwork before you go!!
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Aisha Abdullah
•Good point about documentation. If you don't have your marriage certificate, you can obtain a certified copy from the vital records office in the county/state where you were married. For the divorce decree, contact the court that handled your divorce. SSA might be able to find these records in their system, but having them yourself speeds up the process considerably.
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