Can I claim Social Security survivor benefits from ex-wife who died after divorce?
I'm trying to figure out if I qualify for survivor benefits from my ex-wife who passed away last year. I'm 61 now, and we were married for 27 years before divorcing in 2020. She died from lung cancer about 18 months after our divorce was finalized, and neither of us remarried. I've heard conflicting things about whether I'm eligible since we were divorced when she died. If I am eligible, should I apply now or wait until my full retirement age (67)? My own SS retirement benefit would be about $2,300/month at FRA, but I'm not sure how much her benefit would be. I'm still working full-time but considering cutting back hours in the next year or two. Any advice on this complicated situation?
18 comments


Andrew Pinnock
Yes, you can definately get survivers benefits from your ex-wife as long as you were married for at least 10 years. My neighbor got benefits from her ex who died and they were divorced for like 5 years! I think you can apply now but you'll get a reduced amount if you take it before your FRA. Maybe call SSA and ask but good luck getting thru to them!!
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Ella Lewis
•Thanks for responding! That's encouraging to hear. Do you know if there's a specific form I need to fill out? I've been on hold with SSA for what feels like forever and can't get through to ask these questions.
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Brianna Schmidt
You absolutely qualify for survivor benefits based on your ex-wife's record. The requirements are: 1) marriage lasted at least 10 years (yours was 27 years), 2) you are at least 60 years old (you're 61), and 3) you haven't remarried before age 60 (you haven't remarried). However, there are some important considerations regarding when to claim: 1. If you claim survivor benefits now at 61, they'll be reduced to about 71.5% of what you'd get at your FRA. 2. Since you're still working, be aware of the earnings test - if you earn over $22,320 in 2025, benefits will be reduced by $1 for every $2 you earn above that limit (until you reach FRA). 3. You might want to consider a strategy of taking reduced survivor benefits now and then switching to your own retirement benefits at 70 when they'll be maximized. You should definitely schedule an appointment with SSA to discuss your specific situation.
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Ella Lewis
•This is incredibly helpful information, thank you! I had no idea about that earnings test. I'm making about $85,000 right now, so it sounds like claiming early might not be beneficial with that penalty. I like your suggestion about possibly taking survivor benefits now and switching to my own later. I'll definitely try to schedule that appointment.
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Alexis Renard
I went through something similar when my ex passed away. We were married 15 years and divorced for 3 when he died. SSA told me I qualified for survivor benefits as his ex, but they need PROOF of everything! Death certificate, marriage certificate, divorce decree, the works. Don't show up without all that paperwork or they'll just make you come back again.
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Ella Lewis
•Thanks for the heads up about the documentation! I have our divorce papers, but I'll need to track down our marriage certificate. Do you remember if they asked for anything else specifically? I'm not sure if I have easy access to her death certificate since we weren't married when she passed.
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Camila Jordan
Another strategy to consider: if your own benefit at FRA will be $2,300, then at age 70 it would be around $2,850 with delayed retirement credits. If your ex-wife's PIA (Primary Insurance Amount) was lower than your own, it might make financial sense to take the survivor benefit now (even with the reduction for early filing and earnings test) and then switch to your own benefit at 70. However, if her PIA was higher than your own, you might want to take your reduced retirement benefit at 62 and then switch to the full survivor benefit at your FRA. It all depends on the comparison between your PIA and hers. That's why getting accurate benefit estimates from SSA is crucial before making this decision.
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Ella Lewis
•You make an excellent point about comparing our PIAs. She was a nurse practitioner and earned a good salary, but I'm not sure exactly how her benefit compares to mine. I need to get that information from SSA before making any decisions. Is there a way to find out her PIA without endless phone calls?
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Tyler Lefleur
why is social security so COMPLICATED?! my head hurts just reading this thread! i swear they make it confusing on purpose so people don't get all the money they deserve!
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Madeline Blaze
•So true! When my husband died, I spent WEEKS trying to figure out survivor benefits. The SSA website is terrible for answering specific questions and the phone lines are always busy. This stuff should be easier to understand!
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Max Knight
I've been trying to reach SSA for weeks about my own survivor benefits case. Kept getting disconnected or waiting for hours. I finally used a service called Claimyr (claimyr.com) that got me connected to an actual agent in about 15 minutes. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Saved me days of frustration when I needed answers about my ex-spouse survivor benefits situation which sounds similar to yours. The agent was able to look up both our records and tell me exactly what I qualified for.
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Ella Lewis
•Thanks for sharing this! I've been trying to call for three days straight with no luck. I'll check out that service because I really need to speak with someone who can look at both our records and give me accurate information before I make any decisions.
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Madeline Blaze
Just be prepared for a loooong wait after you apply! My sister claimed survivor benefits after her ex died and it took almost 5 months for the first payment to come through. They did pay her retroactively to her application date, but she was counting on that money sooner. Have a financial backup plan just in case!
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Ella Lewis
•Yikes, 5 months is a long time! I appreciate the warning. I'm fortunate to have some savings, but it's definitely good to know I shouldn't count on those payments right away if I do decide to apply.
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Brianna Schmidt
One more important thing - if you decide to take your own retirement benefit early at 62 while waiting to switch to survivor benefits at FRA, be aware that you must explicitly FILE FOR AND RESTRICT YOUR APPLICATION to retirement benefits only. Otherwise, SSA might automatically give you the higher of the two benefits, which could prevent you from using the strategy of switching later. This is one of those technical details that's incredibly important but often not explained clearly. When you do speak with an agent, specifically ask about the "restricted application" process for your situation.
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Alexis Renard
•This is so true! My friend didnt know about this restriction thing and ended up missing out on thousands of dollars because she didn't file correctly. The SSA people didn't even tell her about this option until it was too late. Always specifically ASK about all your options!
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Andrew Pinnock
Hey just wondering did you ever get through to SSA? If you do get ahold of them can you post back what they said about your case? Im in a similar situation except I was married 12 years and I'm wondering how they calculate the amount for an ex spouse.
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Ella Lewis
•I haven't been able to get through yet, but I'm going to try that Claimyr service someone mentioned above. I'll definitely post back once I speak with SSA and let you know what they say about calculating ex-spouse survivor benefits. From what I understand so far, it should be the same as if you were still married when they died, as long as you met the 10-year requirement.
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