Can I claim survivor benefits at 60 from ex-husband who died before claiming Social Security?
I'm trying to figure out my Social Security options and it's pretty confusing. I was married for 18 years before getting divorced about 12 years ago. My ex-husband recently passed away at age 59 - he hadn't started collecting Social Security yet. I'm turning 60 next year and wondering if I qualify for survivor benefits as his ex-wife? I've only worked sporadically since our divorce (was a stay-at-home mom most of my life), so my own SS benefit will be pretty small compared to what he would have received (he was in corporate management). Does it matter that he died before claiming his benefits? And do I have to stay unmarried to claim survivor benefits? Any help understanding this would be appreciated!
19 comments
Freya Andersen
Yes, you should be eligible for ex-spouse survivor benefits at 60! The marriage requirement is 10+ years (you have 18), and yes, you need to remain unmarried to claim them. The fact that he hadn't claimed his benefits before passing doesn't affect your eligibility - SSA will calculate what he would have received. Just know that claiming at 60 means you'll get about 71.5% of his full retirement age benefit. If you can wait until your own full retirement age, you'd get 100% of his benefit.
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Malik Jenkins
•Thank you so much! That's a relief to hear. One more question - if I start working more in the next few years, will that affect my survivor benefit amount? I'm thinking about picking up more hours at my job.
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Eduardo Silva
my mom was in similar situation when my dad passed. SSA will look at what ur ex would have gotten at full retirement. they base it on that. but beware the earnings limit if u work!! they take back $1 for every $2 u earn over the limit until u reach ur FRA. its confusing AF lol
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Leila Haddad
•The earnings test is THE WORST!!! I lost nearly $4,500 in benefits last year because I didn't understand how it worked. They should make this stuff simpler for us normal people to understand!!! 😤
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Emma Johnson
I went through almost EXACTLY this situation except my ex was 62 when he died. If you're still working, be VERY careful about the earnings test - it will reduce your survivor benefits if you earn over $22,750 (that's the 2025 limit). And you might not be told about this until they send you an overpayment notice! Also, make sure you bring his death certificate, your marriage certificate, AND divorce decree to your appointment. They wouldn't even talk to me without all three documents and I had to reschedule.
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Malik Jenkins
•Oh wow, thank you for the document list! I would have never thought to bring the marriage certificate since we're divorced. Did you apply online or in person? I've been trying to call the SSA office for weeks to make an appointment but can never get through.
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Ravi Patel
Just wanted to add a quick note - survivor benefits from an ex-spouse don't affect what his current spouse (if he had one) would receive. This was a concern when my sister was in your situation - she worried she was taking away from someone else's benefits. Each person eligible for survivor benefits can receive their full amount.
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Malik Jenkins
•That's good to know - he didn't remarry so it doesn't apply to my situation, but I'm sure that information will help someone else reading this thread!
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Astrid Bergström
After spending hours trying to get through to SSA for my own survivor benefits issue last month, I finally used a service called Claimyr (claimyr.com) that got me connected to a live SSA agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU For survivor benefits especially, you really need to talk to a real person because there are so many special rules and exceptions. And unlike retirement benefits, you can't apply for survivor benefits online.
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Eduardo Silva
•did that really work? i tried calling ssa for like 3 days straight for my mom and kept getting the "all representatives are busy" message before they hung up!
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Astrid Bergström
•Yes, it actually worked! I was skeptical but desperate. Got connected to someone who knew exactly how to handle my situation. So much better than the endless busy signals and disconnects.
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Freya Andersen
One more important thing to consider: If you claim survivor benefits at 60, you can still switch to your own retirement benefit later if it would be higher. This is called the "restricted application" strategy and it's still available for survivor benefits (even though it was eliminated for spousal benefits). So you could take reduced survivor benefits at 60, then switch to your own benefit at 70 if your own work record would give you more by then.
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PixelPrincess
•Are you sure about this??? I thought ALL restricted applications were eliminated by that law Congress passed a few years ago!! That's what the agent told me when I applied for benefits!
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Ravi Patel
my neighbor got surviver benefits from her ex but she had to bring like a TON of paperwork to prove they were married for the 10 years. make sure you have tax returns from when you were married and stuff because sometimes they make it really hard.
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Malik Jenkins
•Thanks for the tip! Luckily I kept all our old tax returns and our divorce decree clearly shows we were married 18 years. I'll gather everything before I apply.
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PixelPrincess
Did your ex-husband have any children? If so, they might be eligible for benefits too, even if they're adults now but disabled before 22. My brother gets SSDI from our dad even though our parents divorced when we were little. The whole system is confusing but there are a lot of benefits people don't know about.
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Malik Jenkins
•Our children are all adults now and thankfully none have disabilities. But that's really helpful information that might help someone else reading this thread!
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Emma Johnson
After reading through all the comments, here's a summary for you: 1. Yes, you qualify for ex-spouse survivor benefits at 60 (must stay unmarried) 2. Taking benefits at 60 = about 71.5% of what you'd get at full retirement age 3. Watch out for the earnings test if you're working 4. Bring death certificate, marriage certificate, and divorce decree when you apply 5. You can switch to your own benefit later if it would be higher 6. You cannot apply for survivor benefits online - must call or visit in person Hope this helps!
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Malik Jenkins
•Thank you so much for summarizing everything! This is incredibly helpful. I've learned more from this thread than from all my research online. I'll be calling SSA next week to start the process.
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