Can I claim Social Security survivor benefits at 61 after 19-year marriage that ended in divorce?
I'm trying to figure out if I'm eligible for survivor benefits through my ex-husband who passed away about 2 years ago. We were married for 19 years before divorcing, and neither of us ever remarried. I just turned 61 last month and wondering if I can claim these benefits now or if I need to wait. Also curious if claiming survivor benefits now would affect my own retirement benefits later? I tried calling the SSA office but couldn't get through to anyone. Any help would be appreciated!
17 comments
Theodore Nelson
Yes, you would qualify for survivor benefits as an ex-spouse because you were married for more than 10 years and haven't remarried. However, there are some important things to consider at your age: 1. At 61, you'd receive a reduced benefit (approximately 71.5% of what you'd get at your full retirement age). 2. If you're still working, the earnings limit for 2025 ($22,750) would apply, and benefits would be reduced by $1 for every $2 you earn above that limit. 3. Taking survivor benefits now doesn't prevent you from switching to your own retirement benefit later if it would be higher (or vice versa). I'd recommend making an appointment with your local SSA office to discuss your specific situation.
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Carmella Fromis
•Thank you for that information! I am still working part-time but make under that earnings limit. Do you know if I need to bring anything special to prove our marriage/his death when I meet with SSA? And is it true that survivor benefits are different from regular retirement benefits in terms of when you can claim them?
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AaliyahAli
Be careful here! I applied for ex-spouse survivor benefits last year and it was a NIGHTMARE. They kept asking for additional documents I didn't have, then told me different things each time I called. Make sure you have EVERYTHING before you apply - marriage certificate, divorce decree, his death certificate, your birth certificate, and your social security card. Also they might ask for his earnings history which you probably don't have!!! Very frustrating. I eventually got approved but it took 5 months!!
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Carmella Fromis
•Oh no, that sounds awful! I have our divorce decree and my documents, but I'm not sure how to get his death certificate since we weren't in contact. Did they help you get that information or did you have to track it down yourself?
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Ellie Simpson
Just to clarify some important points: 1. Survivor benefits can be claimed as early as age 60 (or 50 if disabled), unlike retirement benefits which start at 62. 2. You should definitely apply now if you qualify and need the income, but understand that the reduction for claiming before your FRA is permanent. 3. For documentation, you'll need: your birth certificate, marriage certificate, divorce decree, his death certificate, both your Social Security numbers, and possibly your bank information for direct deposit. 4. If you're not sure how to obtain his death certificate, the funeral home that handled arrangements or the vital records office in the county/state where he died can help. This is a completely separate application from retirement benefits, so don't worry about this affecting your future retirement claim.
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Carmella Fromis
•Thank you for the clear explanation! One more question - if I take the reduced survivor benefit now, and then switch to my own retirement benefit at my FRA (which should be 67 for me), would my own benefit still be at the full amount? Or would it also be reduced?
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Ellie Simpson
Good question! If you take reduced survivor benefits now and later switch to your own retirement benefit at your FRA, your own retirement benefit would NOT be reduced. You would get 100% of your own benefit amount. This is one of the advantages of survivor benefits - you can use this strategy to get some income earlier while allowing your own retirement benefit to grow to its maximum amount. Some people even wait until 70 to switch to their own benefit to get the delayed retirement credits (an additional 8% per year after FRA).
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Arjun Kurti
i was in almost the same boat last year. married 22 years, divorced 15 years, ex died in 2023. im 63 now and got survivors benefits last year. the money is decent but less than if i waited. one thing nobody told me was that if u had govt pension from non-covered work they reduce it WEP/GPO or something like that. make sure u ask about that if u ever worked for state govt!!
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Carmella Fromis
•Thanks for sharing your experience. I did work for a county government for about 5 years in my 30s, but I think we paid into Social Security there. I'll definitely ask about that WEP/GPO thing though - never heard of it!
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Raúl Mora
I faced similar frustrations trying to reach SSA about my survivor benefits last year. After weeks of busy signals and disconnections, I found a service called Claimyr that got me through to an actual SSA agent in under 30 minutes. I was skeptical, but it worked perfectly - saved me days of frustration. You can see how it works at https://youtu.be/Z-BRbJw3puU and their website is claimyr.com. Honestly, for something this important where you need specific answers about your case, talking to SSA directly is the only way to get accurate information.
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Margot Quinn
•thanks for this tip! been trying to get thru to ssa for 3 weeks about my disability review
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Evelyn Kim
You already got great advice, but I wanted to add that you should run some calculations before deciding when to claim. If your own benefit at FRA would be higher than your survivor benefit, you might want to take the survivor benefit now and switch later. But if your work record is limited and your ex had a strong earnings history, the survivor benefit at FRA might be higher, in which case you could take your reduced retirement at 62 and switch to survivor at your FRA. The calculations get complicated!
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Carmella Fromis
•This is really helpful perspective - thank you! I worked part-time for many years while raising our kids, so my earnings record definitely has some low years. My ex-husband worked consistently in construction management with good income. Sounds like I should probably take survivor benefits now and my own later, but I'll definitely ask SSA to run the numbers.
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AaliyahAli
ALSO!!! Be prepared for them to tell you different things each time you call or visit!!! I got told I was eligible then not eligible then eligible again. Document EVERYTHING. Get names of who you talk to. One agent told me I couldn't get benefits then the next one said of course I could. It's CRAZY making!!!
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Theodore Nelson
Since your ex-husband passed away 2 years ago, be sure to ask about potential retroactive benefits. While retirement benefits can only be retroactive 6 months, survivor benefits can sometimes be paid retroactive to the date of death (if you were already at eligible age) or the date you reached eligible age. Just be aware that any retroactive payment may affect your tax situation for the year you receive it.
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Carmella Fromis
•Oh! I hadn't thought about retroactive benefits. That would be really helpful if possible. I'll definitely bring that up when I talk to them. Thank you!
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Margot Quinn
congrats on the benefits!! my mom got survivors from my dad and its been a life saver for her. just make sure u call them right away cause they dont give u benefits from before u apply usualy.
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