Can I collect Social Security survivor benefits now that my ex-husband would have been 60?
I'm really confused about my eligibility for survivor benefits as a divorced widow. I'm 59 years old, and my ex-husband passed away (not sure if I need to specify when). He would have turned 60 last October. We were married for exactly 10 years before divorcing, and neither of us ever remarried. I've heard different things from friends - some say I need to wait until he would have been 62 to collect his Social Security benefits, others say I might be eligible when I turn 60. Does anyone know the actual rules for divorced survivor benefits? Do I need to wait until he would have turned 62, or is it when I turn 60? This is so complicated and the SSA website just confuses me more.
19 comments
Justin Evans
You're actually eligible for ex-spouse survivor benefits as early as age 60, regardless of when your ex would have reached retirement age. The key requirements are: 1) marriage lasted at least 10 years, 2) you haven't remarried before age 60, and 3) you're at least 60 years old yourself. Since you're 59 now, you'll be able to apply in your birth month next year. Keep in mind that if you claim at 60, your benefit will be about 71.5% of what you'd get at your full retirement age (FRA). The reduction is permanent, so consider your financial needs carefully. You might want to schedule an appointment with SSA about 3 months before your 60th birthday to discuss your specific situation.
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Joshua Wood
•Thank you so much for this information! I had no idea I could claim as early as 60 regardless of my ex's age. So I just need to wait until my birthday next year... that's a huge relief. Do you know if I'll need his death certificate or anything like that when I apply? I'm not sure I have access to those documents anymore.
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Emily Parker
my sister went thru this last year. you have to wait til YOUR 60th bday not his. she got so confused with all the paperwork they kept sending her! make sure u bring marriage certificate and divorce papers to ur appointment they are super picky about everything
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Joshua Wood
•Thanks for letting me know about the documents! I'll have to dig through my files to find our divorce papers, not sure where they ended up after all these years. Did your sister have to provide her ex's death certificate too?
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Ezra Collins
I've been dealing with survivor benefits after my husband died and it's been NOTHING but headaches!!! The SSA website is USELESS and when you call you wait for HOURS just to get disconnected. I finally got through after calling over 30 times in one day. They told me one thing on the phone then sent me a completely different letter in the mail. Now I'm appealing their decision and have been waiting 4 months with no response. The whole system is designed to make us give up!!!
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Victoria Scott
•It really is frustrating. Took me ages to sort out my disability benefits too. Feels like they make it complicated on purpose sometimes.
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Benjamin Johnson
The other commenters are correct - you'll be eligible at age 60 regardless of what age your ex-husband would have been. However, there's an important detail I want to add: if you're working while collecting survivor benefits before your Full Retirement Age (which is probably 67 for you), you'll be subject to the earnings test. For 2025, if you earn more than $22,750, they'll deduct $1 in benefits for every $2 you earn above that limit. This reduction is temporary though - you'll get the money back in the form of higher monthly benefits once you reach your FRA. Also, your own retirement benefit and survivor benefit are separate - you can take one now and switch to the other later if it would result in a higher payment.
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Joshua Wood
•I had no idea about the earnings limit! I'm still working full-time and definitely earn more than that threshold. So maybe it doesn't make sense for me to apply right at 60 after all? This is getting complicated again... I wish Social Security had clearer explanations about all these different situations.
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Zara Perez
Everyone's getting it wrong! My friend at church is in the same situation and she told me you HAVE to wait until your ex would have been 62. That's what they told her when she went to the office. Better double check before you waste time applying too early!!!
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Justin Evans
•That's actually not correct. Your friend might be confusing divorced spouse benefits (when the ex is still alive) with divorced survivor benefits (when the ex has passed away). For divorced spouse benefits, yes, the ex needs to be 62 or older. But for survivor benefits when the ex has died, the surviving divorced spouse can claim as early as age 60, regardless of how old the deceased ex would have been. This is clearly stated in SSA Publication No. 05-10084.
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Daniel Rogers
I tried for WEEKS to get through to Social Security about my survivor benefits last year - endless busy signals and disconnections. A friend recommended I try Claimyr.com and it was honestly a game-changer. They connected me to an actual SSA agent in about 15 minutes, and I got all my questions answered in one call. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Saved me so much frustration compared to the dozens of failed calls I made on my own.
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Emily Parker
•does this really work?? i spent 2 hrs on hold yesterday and then got disconnected AGAIN. might try this before i lose my mind
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Daniel Rogers
•It absolutely worked for me! My friend used it for her disability claim questions and recommended it. The SSA agent I talked to was actually really helpful once I finally got through.
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Joshua Wood
I'm getting more confused with all the different answers. So it sounds like I CAN apply at 60 (my birthday), but maybe SHOULDN'T because of the earnings limit? Does anyone know if I should just wait until my Full Retirement Age (67) to avoid all these complications? Or is there some advantage to applying early even if they reduce my benefits due to my income?
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Benjamin Johnson
•It's a legitimate question, and the answer depends on your specific financial situation. Even with the earnings test reduction, you might still receive some survivor benefits while working. More importantly, applying at 60 doesn't lock you into a permanently reduced benefit path. You could: 1) Take reduced survivor benefits at 60 while continuing to work (getting whatever remains after the earnings test reduction), 2) Switch to your own retirement benefit at 62-70 if it would be higher, OR 3) Take your own reduced retirement benefit at 62 and then switch to unreduced survivor benefits at your FRA. This flexibility is valuable for optimizing your lifetime benefits. Consider scheduling a benefits planning session with SSA or consulting a financial advisor who specializes in Social Security claiming strategies.
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Victoria Scott
congrats on being divorced for 10 yrs lol! my ex and i split after 9 years and 10 months so i dont qualify for a penny of his ss. talk about bad timing!
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Joshua Wood
•Oh no, that's terrible timing! I had no idea it was such a strict cutoff. We actually separated earlier but finalized the divorce right around our 10-year anniversary. I guess I got lucky there, if you can call anything about divorce lucky.
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Justin Evans
Based on all the comments, here's a summary that might help: 1) You can apply for divorced survivor benefits at age 60, 2) Your benefit will be reduced for claiming early (about 71.5% of the full amount), 3) The earnings test will reduce benefits further if you're working and earning above $22,750, 4) You'll need marriage certificate, divorce decree, and possibly your ex's death certificate, 5) You have options to switch between survivor benefits and your own retirement benefits later to maximize your lifetime payout. I'd recommend calling SSA at 1-800-772-1213 about 3 months before your 60th birthday to schedule an appointment and confirm what documents you'll need.
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Joshua Wood
•Thank you for this clear summary! I'm going to save this and call SSA a few months before my birthday. It sounds like I might want to wait a bit longer to apply since I'm still working, but I'll discuss all the options with them. Really appreciate everyone's help in sorting through this complicated situation.
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