Can I claim ex-spouse survivor benefits after taking my own Social Security at 62?
I've been divorced for about 7 years after a 29-year marriage. Never remarried. I started claiming my own Social Security retirement benefits when I turned 62 because I needed the income (getting about $1,450/month now). My ex-husband is 68 and has some health issues. If he passes away, would I be eligible for survivor benefits based on his record? He made substantially more than me throughout our marriage - I think he's collecting around $2,900 monthly. I'm confused about whether I'd get anything since I already claimed my own benefits early. Does anyone know how survivor benefits work for ex-spouses in this situation?
18 comments
Ella Harper
Yes, you would be eligible for ex-spouse survivor benefits since you were married for more than 10 years, haven't remarried, and are currently receiving your own retirement benefits. You could potentially receive up to 100% of your ex-husband's benefit amount if you wait until your Full Retirement Age (FRA). Since you're already claiming your own benefits, you'd essentially receive the higher of the two benefit amounts, not both combined. The reduction for claiming your own benefits early won't affect your survivor benefit amount.
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Micah Franklin
•Thank you! That's reassuring. So if I understand correctly, I'd basically switch from my benefit to his if his is higher? Would I need to apply for this or does SSA automatically know to check?
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PrinceJoe
I went through this exact situation last year. My ex passed away and I was collecting my own SS since 62 (about $1,600). When he died, I called SSA to apply for survivor benefits based on his record which was much higher ($2,800). Took FOREVER to get through on the phone - kept getting disconnected or waiting 2+ hours. Finally found this service called Claimyr (claimyr.com) that got me connected to an agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Saved me so much frustration! After I finally spoke with SSA, they switched me to the higher survivor benefit. You'll definitely need to apply though - they don't do it automatically.
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Brooklyn Knight
•OMG thank u for mentioning this service! I've been trying to reach SSA for 3 weeks about my husbands disability claim. Going to try this tomorrow.
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Owen Devar
Do you have your marriage certificate? I tried getting survivor benefits and they DEMANDED my marriage certificate even tho we'd been divorced for 15yrs!!! I had to order a copy from another state and it took over a month. Then they wanted the DIVORCE decree too!!!! Start gathering all that paperwork NOW so you're ready if something happens. The whole process is RIDICULOUS and took me nearly 3 months to get approved while I was struggling financially after my ex died.
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Micah Franklin
•I have my divorce decree but not sure where my marriage certificate is. That's a great point - I'll start tracking down these documents now just in case. Did you have to provide his death certificate too?
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Daniel Rivera
my sister got less than her ex when he died because she took benefits at 62 too. something about early filing penalty still applying. check with SSA directly dont trust what people say here
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Ella Harper
•To clarify - the early filing reduction only applies to the benefit you claimed early. Survivor benefits have their own rules. If you claim survivor benefits before your FRA, those would be reduced. But claiming your own retirement benefits early doesn't reduce potential future survivor benefits. Your sister's situation might have been different or involved other factors like the Government Pension Offset.
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Sophie Footman
One important thing to understand is that survivor benefits for ex-spouses work differently than spousal benefits. For survivor benefits, the marriage length requirement is 10 years (which you meet), you must be at least 60 (which you are), and you're eligible even if your ex remarried. The benefit amount would be affected by when you claim it - up to 100% of his benefit if you claim at your FRA, reduced if you claim earlier. Since you're already past 62, the reduction would be prorated based on how many months before your FRA you would be claiming. You should contact SSA directly when/if the time comes to understand your specific benefit amount.
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Micah Franklin
•This is really helpful information. My FRA is 67, so I still have a few years to go. If he passes before I reach that age, would you recommend waiting until my FRA to apply for survivor benefits to get the full amount?
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Connor Rupert
I think survivor benefits are only for current spouses not exs. My friend got denied when she tried to claim on her ex.
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Sophie Footman
•That's incorrect. Ex-spouses can definitely qualify for survivor benefits if the marriage lasted at least 10 years, they haven't remarried before age 60, and meet other basic requirements. Your friend may have been denied for other reasons - perhaps the marriage was shorter than 10 years, she remarried before 60, or there were other complications like Government Pension Offset.
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Brooklyn Knight
my condolences in advance. it's hard thinking about these things. but smart to plan ahead.
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Micah Franklin
•Thank you. We've been divorced for years but I still worry about him. Just trying to understand my options and be prepared.
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Ella Harper
When the time comes, you'll need to schedule an appointment with SSA to apply for survivor benefits - you can't do this online. Bring your marriage certificate, divorce decree, his death certificate (when applicable), your birth certificate, and your Social Security card. Also bring your most recent tax return as they may check your earnings. Applying as soon as you're notified of his passing is important, as survivor benefits can sometimes be paid from the date of death if you apply within a certain timeframe.
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Owen Devar
•YES!!! Apply ASAP!!! I didn't know and waited 2 months after my ex died and lost out on those payments! They only paid me from when I applied, not when he died!
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Daniel Rivera
i wonder if you get to keep the higher payment for life once you switch? or can they reduce it later?
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Sophie Footman
•Once you start receiving survivor benefits, they generally continue for life (with annual COLA adjustments), unless you remarry before age 60. There are some situations where benefits might change - like if you become entitled to a higher benefit on your own record later, or if you're subject to government pension offsets that come into play later.
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