Can I claim survivor benefits at 66 from ex-spouse who died before reaching FRA?
I just turned 66 last month and trying to figure out my best strategy with Social Security. My situation is a bit complicated. I was married for 5.5 years in the late 80s, got divorced in 1993, and never remarried. My ex passed away in 2021 when he was 61 (before reaching his full retirement age). I haven't filed for any Social Security benefits yet because I've heard about delaying until 70 to maximize my retirement amount. Would I qualify for survivor benefits based on my ex's record even though we were married less than 10 years? And if I do qualify, could I take the survivor benefits now and let my own retirement benefit grow until I'm 70? I'm so confused about the rules for divorced spouse survivor benefits when the marriage was relatively short.
14 comments
Omar Fawaz
Unfortunately, the marriage length is a problem. To qualify for ANY divorced spouse benefits (including survivor benefits), you must have been married for at least 10 years. The 5.5 year marriage means you can't claim on your ex's record at all, even though he passed away. The 10-year rule is absolute with no exceptions. Your only option is to claim your own benefits when you're ready.
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Freya Pedersen
•Thank you for clarifying. I was afraid that might be the case, but I wanted to double check. So there's no possibility of getting survivor benefits based on the shorter marriage? I guess I'll just need to decide whether to claim my own benefits now or wait until 70.
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Chloe Anderson
I'm sorry, but the previous answer isn't entirely accurate. The 10-year marriage requirement applies to divorced spouse benefits when your ex is still alive. For survivor benefits after an ex-spouse dies, you only need to have been married for 9 months. However, there's still an issue - you can't have remarried before age 60 (which doesn't apply to you since you never remarried). You should definitely contact SSA directly to confirm your eligibility, as this could be a significant financial opportunity if you qualify.
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Diego Vargas
•Wait what???!! I thought it was 10 yrs for EVERYTHING related to ex-spouse benefits! Are you sure about this? My sister was told she couldn't get anything from her ex because they were only married 8 years
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Anastasia Fedorov
I just went thru somthing similar with my ex who died last yr. The SSA told me that for divorced spouse SURVIVOR benefits, the marriage length requirement is different than for regular divorced spouse benefits. But they also told me other rules apply too. I think the OP needs to double-check if her ex had enough work credits since he died before his FRA. Also matters if she has her own work record. The rules are SO CONFUSING!!!!
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Freya Pedersen
•Thank you for sharing your experience. I'm definitely going to reach out to SSA directly to get clarity on my specific situation. Yes, my ex did work consistently throughout his life, but I'm not sure about his exact work credits. I do have my own substantial work record too, which is why I was thinking about the strategy of taking survivor benefits now and my own benefits at 70 if that's possible.
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StarStrider
The confusion here stems from mixing up two different sets of rules. Let me clarify: 1. For divorced spouse benefits (when ex is alive): 10-year marriage requirement 2. For divorced spouse survivor benefits (when ex is deceased): only 9-month marriage requirement Since you were married 5.5 years, you easily meet the 9-month requirement for survivor benefits. The fact that you never remarried is also in your favor. You would be eligible to file a restricted application for survivor benefits only, allowing your own retirement benefit to grow until age 70. However, the amount might be reduced since your ex died before reaching his FRA. The survivor benefit would be based on what he would have received at his FRA, with reductions if you claim before your FRA (but you're already 66, so that's not an issue for you).
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Sean Doyle
•this is correct! my mom did this exact thing after my dad passed - took survivor at 66 and switched to her own at 70. Made a huge difference in her monthly check
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Zara Rashid
I tried calling the SSA for a similar question last month and gave up after being on hold for over an hour THREE SEPARATE TIMES. Their phone system is a nightmare! I finally found this service called Claimyr (claimyr.com) that got me connected to an actual SSA rep in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Totally worth it for getting these complex questions answered directly. The agent I spoke with was actually helpful once I finally got through.
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Freya Pedersen
•Thank you for the tip! I've been dreading making that call because I've heard horror stories about the wait times. I'll definitely check out that service - getting a definitive answer about my eligibility would give me peace of mind for planning purposes.
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Diego Vargas
My aunt was in almost the SAME situation!!! She got survivor benefits from an ex she was married to for only 6 years. She got a reduced amount because he died before FRA but it was still better than nothing while waiting for her own benefit to grow. The SSA office told her lots of people don't know about this exception to the 10-year rule!
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Omar Fawaz
•Wow, I stand corrected! I was going by what a friend experienced, but sounds like her situation must have been different. This is why these forums are so helpful - thanks everyone for the clarifications.
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Chloe Anderson
One more important point: If you do qualify for the survivor benefit, you should calculate whether it's financially beneficial to take it now while letting your own benefit grow. If your own benefit at 66 is already substantially higher than the survivor benefit would be (especially since it might be reduced because your ex died before FRA), then it might make more sense to just claim your own benefit now or wait until 70 for the maximum amount.
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Freya Pedersen
•That's a really good point. I'll need to find out what the survivor benefit amount would be in my case. My ex had a decent income, but mine was higher in the later years of my career. I'm leaning toward pursuing the survivor benefit if eligible while letting my own benefit grow, but I'll need the specific numbers to make an informed decision. Thank you all for this helpful information!
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