Can I claim ex-spouse survivor benefits if we were married 14 years but divorced in '95? Cancer survivor confused about Social Security rules
I've been going through a really tough time with cancer treatment (chemo and radiation) for several months, and my brain feels like mush half the time. I'm trying to understand something about Social Security survivor benefits that's confusing me. My situation: I'm currently receiving Social Security retirement benefits (started at my full retirement age). My ex-husband and I were married for 14 years before divorcing back in 1995. Neither of us ever remarried. He's 9 years older than me. What I'm confused about: If he passes away before me (though with my health issues, who knows), would I be eligible for any survivor benefits based on his Social Security record? I've been trying to read the SSA website, but I keep getting confused about whether there's some rule that his benefit would need to be twice what I'm receiving now? Or am I misunderstanding something? I know this might be a basic question, but my cognitive function isn't great right now. Any clear explanation would be so appreciated.
18 comments
StellarSurfer
Yes! You absolutely can claim survivor benefits from an ex-spouse as long as you were married at least 10 years, which you were at 14 years. And the fact that neither of you remarried works in your favor too. When he passes, you'd be entitled to 100% of what he was receiving IF it's higher than your current benefit. There's no "twice the amount" requirement - you're probably confusing that with something else. I hope your recovery continues and you get stronger every day. Cancer treatment is brutal.
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Anastasia Romanov
•Thank you for the clear explanation! My brain really mixes things up lately. So just to make sure I understand - if his benefit amount is higher than what I'm getting now, I could switch to that amount? But if mine is already higher than his, then there's no advantage to claiming on his record?
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Sean Kelly
The previous commenter is correct, but let me add some important details. Since you were married more than 10 years and neither of you remarried, you meet the basic eligibility requirements for ex-spouse survivor benefits. When he passes away, you would be eligible to receive the higher of either your own benefit or his full benefit amount - not both combined. The confusion about "twice the amount" might be related to the rules for spousal benefits while both are alive (where you can get up to 50% of their amount). But survivor benefits are different - you can get up to 100% of the deceased's benefit. Also, given your health situation, it's worth noting that there's no reduction in survivor benefits if you're at full retirement age when you claim them.
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Zara Malik
•This is super helpful info! My parents were married 12 years before divorcing and my mom had no idea she could get dad's SS when he died last year. She's been struggling on her smaller benefit all this time :
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Luca Greco
I went through something SIMILAR with my ex-wife!!! We were married 11 years and I found out I could claim on her record when she passed. BUT you have to APPLY for it - they don't automatically switch you!!! The SSA doesn't tell you this stuff unless you ASK!!! You have to go in and SPECIFICALLY request the survivor benefit when the time comes. They won't just give it to you! Also be prepared to provide marriage and divorce documents. They made me jump through HOOPS to prove everything.
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Anastasia Romanov
•Oh that's really good to know that they don't automatically switch you over! I'll keep all my marriage/divorce paperwork handy. I honestly don't even remember where those documents are right now... another thing to figure out. Thanks for the warning about the hoops - at least I can mentally prepare for that.
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Nia Thompson
Adding to what others have said, I wanted to clarify one thing: divorced spouse survivor benefits work differently from divorced spouse benefits while your ex is alive. While your ex is alive: You can get up to 50% of his PIA (Primary Insurance Amount) if that's higher than your own benefit After your ex passes: You can get up to 100% of what he was receiving if that's higher than your own benefit There's no "twice the amount" requirement in either scenario. I think you might be confusing this with the fact that spousal benefits while both are alive max out at 50% (which is half/twice). Wishing you a complete recovery from your cancer treatments.
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Mateo Rodriguez
•ok but what if the ex was already getting benefits when he died? is it 100% of what he was actually getting or 100% of what he could have gotten? my sister is dealing with this right now and the SSA office gave her some confusing info
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Aisha Hussain
my ex died and i got survivor benefits even though we were divorced for 20 years. they dont tell u this stuff. call them and ask. hope u feel better soon
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Anastasia Romanov
•Thank you! It's comforting to hear from someone who's actually been through this situation. I'll definitely call and ask for more specific information about my case.
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Zara Malik
I spent THREE HOURS on hold with Social Security last week trying to ask a similar question about my mom's benefits. Kept getting disconnected. Someone told me about this service called Claimyr that gets you through to a real person at SSA without the wait. I tried it (claimyr.com) and got through in 20 minutes! They have a video showing how it works too: https://youtu.be/Z-BRbJw3puU Might be worth trying if you need specific answers about your situation since those benefit calculators online are confusing when you have a complicated situation like divorce.
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Anastasia Romanov
•Thank you for sharing! I'll check that out. I've tried calling a few times but always give up after being on hold forever. My energy is so limited right now with recovery, so anything that makes this process easier sounds worth trying.
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Mateo Rodriguez
is this only for ppl who never remarried? bc my aunt was married to her first husband for 25 yrs, divorced, then married for 5 yrs to second husband who died. can she still get anything from first husband?
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Sean Kelly
•Yes, there's an exception for remarriage after age 60. If your aunt remarried after age 60, she can still claim ex-spouse survivor benefits from a prior marriage that lasted at least 10 years. If she remarried before 60, then generally no, she couldn't claim from the first husband unless the second marriage also ended (by death or divorce).
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StellarSurfer
Since you mentioned cancer recovery - don't forget that the SSA has compassionate allowances and expedited processing for serious medical conditions. If your condition worsens or you need to apply for disability, make sure to mention your cancer diagnosis as it might qualify you for faster processing. Sending healing thoughts your way.
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Anastasia Romanov
•Thank you for this information and the kind thoughts. I'm actually doing better now (fingers crossed), but it's good to know about the compassionate allowances in case things change. The after-effects of treatment are what's really messing with my cognitive abilities right now.
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Aisha Hussain
its so confusing my sister got more from her ex husband than her second husband when he died but they told me different rules when i called????????
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StellarSurfer
•The rules can seem inconsistent because they're applied differently based on individual circumstances. Your sister's benefit amount would depend on her age, whether she was receiving her own benefits, how much each husband earned, etc. That's why it's always best to speak directly with SSA about your specific situation rather than comparing to someone else's experience.
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