Can I collect Social Security survivor benefits from ex-spouse while letting my own SS retirement benefit grow?
My ex-husband died last month after battling cancer. We were married for exactly 12 years and divorced back in 2009. I'm currently 63 (turning 64 in October) and planned to wait until 67 to file for my own Social Security retirement. His death was unexpected and now I'm wondering about survivor benefits. I know our adult daughter who has Down syndrome is already receiving survivor benefits based on his record. My question is: Can I also file for ex-spouse survivor benefits now while allowing my own retirement benefit to continue growing until I reach my full retirement age? I worked as a teacher for 28 years, so my own benefit will be pretty decent, but I'd like to maximize what I get if possible. I tried calling SSA three times this week but can't get through to anyone who can answer my question. Has anyone dealt with something similar or know how this works?
18 comments
Charlie Yang
Yes, you can absolutely do this! It's called a restricted application. Since you were married for over 10 years (requirement is 9 months for survivor benefits, but 10 years for divorced spouse), you qualify for survivor benefits based on your ex-husband's record. You can claim these survivor benefits now at 63/64 (though they'll be reduced because you're claiming before your FRA), while allowing your own retirement benefit to grow until 70 if you want to maximize it. This is one of the few remaining filing strategies that still works after the 2015 law changes. Make sure when you apply that you specifically tell them you ONLY want to file for survivor benefits, not your own retirement. Be very clear about this or they might accidentally file you for both.
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Olivia Martinez
•Thank you so much! This is exactly what I was hoping for. Do you know if there's a specific form I need to fill out to make sure they understand I only want the survivor benefits? I'm worried about them automatically filing me for both.
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Grace Patel
sorry about your ex. my cousin did this exact thing last yr. she got survivors from her ex and is waiting til 70 for her own. she said the trick is being SUPER clear when u apply that ur only applying for ONE benefit not both. good luck!
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Olivia Martinez
•Thanks for the condolences. It helps to know someone else did this successfully. Did your cousin apply online or go into the office? I'm wondering which way is less likely to result in mistakes.
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ApolloJackson
I'm in a similar situation and trying to figure this out too! But I thought the Social Security office told me that if I file for ANY benefit, they automatically give me whichever is higher? I'm so confused about whether I can really get survivors now and switch later. Did anyone here actually successfully do this??
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Charlie Yang
•There's a lot of confusion about this, even among some SSA employees. The "deemed filing" rule (where they give you the higher benefit automatically) applies to retirement and spousal benefits, but survivor benefits are DIFFERENT and not subject to deemed filing. You can absolutely take survivor benefits only and switch to your own retirement later. This is confirmed on the SSA website and in their POMS manual.
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Isabella Russo
Just wanted to add that you should double-check if your teacher pension might affect your Social Security benefits through the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO). Many teachers are in pension systems that don't pay into Social Security, which can reduce benefits. This wouldn't affect survivor benefits as much as your own retirement benefit, but still worth checking.
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Olivia Martinez
•Good point - I should have mentioned that. I actually taught in a state where we paid into Social Security along with our pension, so thankfully WEP/GPO won't apply to me. But that's definitely important for other teachers to know about!
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Rajiv Kumar
After spending WEEKS trying to get through to Social Security about a similar survivor benefit question, I finally used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU It was the only way I could get clear answers about my survivor benefits without waiting for an in-person appointment (mine was scheduled 3 months out!). The agent I spoke with confirmed exactly what others here are saying - you CAN claim survivor benefits from an ex-spouse while delaying your own retirement benefit.
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Olivia Martinez
•Thanks for the tip! I'll check out that service. My local office has a 2-month wait for appointments, and I've been calling for days with no luck. I'd rather pay a bit to get answers now than potentially miss out on months of benefits.
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Aria Washington
WATCH OUT FOR THE EARNINGS TEST!!! If you're still working and under full retirement age, they will take back $1 of benefits for every $2 you earn above the annual limit (about $21,240 for 2025). I learned this the HARD WAY when I had to pay back thousands in survivor benefits because no one warned me! The earnings test applies to survivor benefits just like retirement benefits until you reach your full retirement age.
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Olivia Martinez
•Oh no, I hadn't even thought about that! I still work part-time and will earn about $30,000 this year. So that means some of my survivor benefits would be withheld? Does it make sense to even apply then?
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Charlie Yang
•Yes, some would be withheld, but you'd still get some benefits. If you're earning $30,000, that's $8,760 over the limit, so they'd withhold about $4,380 in benefits for the year. If your monthly survivor benefit would be more than that annually, it's still worth claiming. And remember, those withheld benefits aren't lost forever - once you reach FRA, your benefit gets adjusted upward to account for the months benefits were withheld.
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Liam O'Reilly
I went through this last year when my ex died. The rules are super confusing and it took me three trips to the Social Security office to get it straightened out. One thing no one mentioned yet - they'll need your marriage certificate AND divorce decree. I had trouble finding mine after 15 years and had to order new copies which delayed everything. Also make sure your daughter's benefits won't be affected by you filing - shouldn't be since she's on survivor benefits too, but worth confirming.
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Grace Patel
•omg yes the paperwork!! i forgot copies of EVERYTHING when i went in. marriage cert, birth cert, death cert, divorce papers. bring it all!!
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ApolloJackson
Question - will the amount of your ex's benefit matter? Like if his Social Security was lower than yours will be, is there still any point in doing this? I'm wondering because my ex didn't make much money during his life so his benefit was probably small.
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Isabella Russo
•Yes, it absolutely matters! If your ex's benefit was lower than what your retirement benefit would be even at 63/64, then there might not be an advantage. Survivor benefits are up to 100% of what the deceased was receiving (or would have received), reduced if you claim before your FRA. You should check what his benefit amount was - you can call SSA and they can tell you what you'd be eligible for as a survivor.
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Rajiv Kumar
Another important thing to consider: claiming survivor benefits at 63/64 means you'll get approximately 79-82% of the full survivor benefit (rather than 100% if you waited until your full retirement age). But since you're planning to switch to your own benefit later anyway, it often makes financial sense to take the reduced survivor benefit now rather than waiting. Just be aware of the reduction.
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