Can I claim ex-spouse survivor benefits at 60 then switch to my own Social Security at FRA?
Recently turned 60 in April 2025 and discovered I might qualify for survivor benefits based on my ex-wife's Social Security record. We divorced in 2015 after 12 years of marriage (2003-2015), and sadly she passed away in 2020 at age 50. Neither of us ever remarried. A friend told me I could potentially claim survivor benefits now based on her record, then switch to my own benefits when I reach my full retirement age at 67. My own benefit amount would be substantially higher ($3,200/month vs roughly $1,750/month on her record). I'm still working full-time making about $85,000 annually. Will this affect my ability to collect survivor benefits now? Do I need to provide our divorce decree to SSA? And most importantly - does this strategy of claiming survivor benefits now and switching to my own later actually work, or am I misunderstanding something? Any advice would be greatly appreciated!
19 comments
Sophia Gabriel
Yes, you absolutely can employ this strategy! Since you were married more than 10 years and neither remarried, you qualify for divorced surviving spouse benefits. You can claim those reduced survivor benefits at age 60 and then switch to your own retirement benefit at your FRA (or even delay until 70 for maximum benefits). However, since you're still working, be aware of the earnings test. For 2025, if you earn more than $22,320, SSA will withhold $1 in benefits for every $2 you earn above that limit. This earnings test applies until you reach your FRA. Regarding documentation, you'll need: - Marriage certificate - Divorce decree - Ex-spouse's death certificate - Your birth certificate - Your Social Security card This is actually one of the few advantageous claiming strategies still available after the 2015 rule changes!
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Vince Eh
•Thank you so much! This is incredibly helpful. I didn't realize the earnings test would affect survivor benefits too. With my current salary of $85K, it sounds like a significant portion might be withheld then? Do you think it might make more sense for me to just wait until I fully retire in about 3 years before claiming anything? Or is there still an advantage to filing for the survivor benefit now even with the reductions?
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Tobias Lancaster
sorry about your ex-wife. same thing kinda happened to my brother in law, he got survivors from his ex and it helped alot. not sure about all the rules but he said social security made him bring like 50 different papers lol. good luck!
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Ezra Beard
I tried doing something similar last year and it was a NIGHTMARE getting through to Social Security!!! Spent WEEKS trying to get an appointment. They kept disconnecting me after waiting on hold for like 2 hours each time. So frustrating!! Their online system wouldn't let me apply for survivor benefits either - said I had to call or go in person. But then they wouldn't answer the phone OR give me an appointment for 3 months!!! Ridiculous system.
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Statiia Aarssizan
•I had the same issue trying to reach SSA! What finally worked for me was using Claimyr.com - they got me through to a Social Security agent in under 10 minutes. It bypasses the whole hold system. They have a video demo of how it works here: https://youtu.be/Z-BRbJw3puU Saved me hours of frustration, especially with something complicated like survivor benefits where you really need to talk to a knowledgeable person. They connected me directly to an agent who handled my ex-spouse survivor benefit questions right away.
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Ezra Beard
•Omg thank you!!! Going to try this right now! So tired of getting disconnected after waiting for hours.
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Reginald Blackwell
You have a good plan, but be CAREFUL about the earnings limit! At $85k, most of your survivor benefits will be withheld until you reach FRA. The 2025 limit is only $22,320 for people under FRA, and they take $1 for every $2 you earn above that. BUT don't forget - those benefits that get withheld aren't lost forever. SSA recalculates and increases your benefit when you reach FRA to account for months benefits were withheld. It's complicated but you don't permanently lose the money.
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Aria Khan
•Wait this is confusing me - do they take money back if you earn too much? Or do they just not give you some benefits? My cousin is dealing with this now too and we're both lost on how it actually works in practice.
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Reginald Blackwell
•They don't take money back - they just reduce your monthly payments going forward. So if the calculation says they should withhold $1000/month but your benefit is only $800/month, you'd receive $0 for that month, and they'd withhold $200 from the next month. If the withholding is more than your entire annual benefit amount, you'd receive $0 for the whole year.
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Everett Tutum
This is actually not as straightforward as some are making it sound. There's a critical distinction between REGULAR divorced spousal benefits and SURVIVING divorced spousal benefits. You're dealing with surviving divorced spouse benefits, which do allow you to switch between benefits. You can take the reduced survivor benefit at 60 (subject to earnings test) and later switch to your own retirement benefit at FRA or later. However! The earnings test is significant. At $85k, your current earnings exceed the 2025 threshold ($22,320) by $62,680. That means SSA will withhold approximately $31,340 in benefits ($1 for every $2 over the limit). If your ex-wife's record would give you $1,750/month ($21,000/year), almost all would be withheld. But mathematically, it might STILL make sense to file now, even if you receive $0 currently, because: 1) You establish eligibility for Medicare at 65 without having to file for your own benefits 2) When you reach FRA, any months where benefits were completely withheld will slightly increase your survivor benefit amount 3) This preserves your ability to let your own benefit grow until 70 if desired The math is complex - I'd recommend consulting with a financial advisor who specializes in Social Security claiming strategies.
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Vince Eh
•This is incredibly detailed - thank you! I didn't realize I could file but effectively receive $0 for now, yet still get the other advantages. Would SSA even process an application knowing that my earnings would cause 100% withholding? Or would they tell me to just wait until my earnings decrease or I reach FRA?
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Aria Khan
my aunt got survivors benefits from her ex too but she had to fight with social security for months because they kept losing her paperwork!! make sure you keep copies of EVERYTHING you submit!! take pictures with your phone before you send anything!!
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Sophia Gabriel
To add some clarification to my earlier response - while your strategy is sound, with your current income level ($85k), you'll face significant benefit withholding due to the earnings test. For 2025, the math works out to approximately: - Earnings above limit: $62,680 ($85,000 - $22,320) - Withholding: $31,340 ($1 for every $2 over) - Annual survivor benefit: approximately $21,000 ($1,750 × 12) This means you'd receive very little or no survivor benefits until your earnings decrease or you reach FRA. However, it's still worth applying because: 1) Your earnings might change 2) You establish eligibility for certain other benefits 3) When you reach FRA, SSA will recalculate your benefit to account for months benefits were withheld Also, remember that the earnings test no longer applies once you reach your FRA, even if you're still working.
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Vince Eh
•Thank you for breaking down the math! One more question - if I wait until I'm 62 to claim survivor benefits (planning to work part-time then with much lower income), would the survivor benefit amount be the same as claiming at 60, or would I get a slightly higher amount for waiting those additional two years?
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Ezra Beard
Does anyone know if they look at your TAX RETURN from the previous year to determine your earnings? Or do they somehow track your current salary? I'm so confused about how they even know what you're making during the year when they calculate these deductions!!
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Everett Tutum
•Good question. SSA asks you to estimate your earnings for the year when you apply. They'll pay benefits based on that estimate. Later, when tax information becomes available, they'll compare your actual earnings to your estimate. If you earned more than estimated, you may have to repay some benefits. If you earned less, they may send you additional payments. If your earnings change significantly during the year, you should notify SSA to avoid potential overpayments or underpayments.
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Statiia Aarssizan
I just went through this exact situation! Few tips from my experience: 1) Apply for the survivor benefits even with your higher income. Yes, most will be withheld, but it establishes your eligibility and the withholdings aren't permanently lost. 2) SSA's online system won't let you apply for survivor benefits - you MUST call or visit in person. 3) Getting an appointment took me 3+ months, but I used Claimyr.com to reach an agent quickly who helped me complete everything by phone. 4) Have ALL your documents ready when you call: marriage certificate, divorce decree, death certificate, birth certificate, tax returns, etc. 5) The agent may encourage you to wait due to your income, but it's often better to have your application on file now. Hope this helps! Navigating this wasn't easy but definitely worth it for the long-term strategy.
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Vince Eh
•Thank you for sharing your experience! I'll definitely have all my documents ready. Did they need original documents or were copies acceptable when you applied?
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Statiia Aarssizan
•They accepted certified copies of everything except my own ID. For the application by phone, I didn't need to submit anything immediately - they gave me time to mail in or drop off the documents after the application was submitted. Just make sure any copies are certified!
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