Can I collect my deceased ex-spouse's Social Security at 65 while still working?
My ex-husband passed away last month. We were married for 22 years but divorced 8 years ago. I'll be turning 65 in April and I'm trying to figure out my Social Security options. I currently make about $42,000 a year at my office job, but honestly, I'm exhausted and would love to work less if possible. I've heard I might be eligible for my ex's Social Security benefits even though he's deceased, but I'm confused about whether I can collect these benefits while still working. Would I face any penalties? Would it affect my own retirement benefits when I eventually claim them at my full retirement age? I'd really appreciate any guidance because the SSA website is so confusing and I can't get through on the phone!
16 comments
Ezra Bates
Yes, you can collect survivor benefits based on your ex-spouse's record at 65, but there are some important things to understand: 1. Since you're under your Full Retirement Age (FRA) which is likely 66 and 10 months or 67 depending on your birth year, working while collecting will subject you to the earnings test. 2. For 2025, if you earn over $22,780 (the annual limit), SSA will withhold $1 in benefits for every $2 you earn above that limit. 3. These survivor benefits would be reduced because you're taking them before your FRA. At 65, you'd get approximately 93% of what you would receive at your FRA. 4. Even if some benefits are withheld due to working, you can still switch to your own retirement benefit later if it would be higher, and that amount wouldn't be reduced due to having taken survivor benefits early.
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Keith Davidson
•Thank you for the information! If I understand correctly, with my $42,000 salary, some of my survivor benefits would be withheld. Would I still get anything at all with that income level? And is there any advantage to waiting until my full retirement age to claim these survivor benefits?
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Ana Erdoğan
I went thru this EXACT situation last year!! The SSA makes this so complicated!! I was 63 when my ex passed and we'd been divorced for 10 yrs (married 19). I tried working and collecting but they took SO MUCH back because of the earnings limit it barely seemed worth it. The local office gave me WRONG info too and I had to pay back $$$. So frustrating!!!!
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Sophia Carson
•That's unfortunate about the incorrect information. To clarify for everyone - with income of $42,000, approximately $9,610 would be withheld from survivor benefits for 2025 (($42,000 - $22,780) ÷ 2). Depending on the ex-spouse's PIA, this could mean significant reduction or even complete withholding of monthly benefits. However, once you reach FRA, these reductions no longer apply and you can earn unlimited amounts without affecting benefits.
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Elijah Knight
my sister tried getting her dead ex husband's ss benefits and they kept telling her different things everytime she called. so annoying. she finally just decided to keep working full time til 67 cause it was too complicated.
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Ezra Bates
To address your follow-up question: Yes, there can be advantages to waiting until your FRA to claim survivor benefits. If you wait until your FRA (66+), you'd receive 100% of your ex's benefit amount instead of the reduced amount at 65. Plus, you wouldn't face any earnings test at FRA, so you could earn any amount without reduction. Another strategy to consider: If your own retirement benefit will eventually be higher than the survivor benefit, you might take the survivor benefit at FRA and then switch to your own benefit at age 70 when it reaches its maximum value (after growing 8% per year from your FRA to 70). Or if your survivor benefit will be higher, you could take your own reduced retirement benefit now and switch to the unreduced survivor benefit at your FRA.
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Keith Davidson
•This is really helpful! I think I need to find out exactly what both benefit amounts would be before making a decision. Is there any way to get this information without spending hours on hold with SSA? I've tried calling several times but always get disconnected.
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Brooklyn Foley
You should really talk to someone at SSA directly about this. Every case is different and they can give you exact numbers based on both your work record and your ex's. Good luck getting through though - I spent 3 days trying last month!
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Jay Lincoln
I had the SAME PROBLEM reaching SSA! After wasting 2 weeks trying to get through on their 800 number, I found this service called Claimyr that got me connected to an agent in under 20 minutes. You might want to check them out at claimyr.com - they have a video showing how it works: https://youtu.be/Z-BRbJw3puU I needed specific calculations about my survivor benefits too, and the agent was able to pull up both records and give me exact figures. Made decision-making so much easier when I could actually compare numbers instead of guessing!
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Elijah Knight
•does that actually work? i thought those things were all scams
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Jay Lincoln
•It worked for me! Not a scam - they just help you skip the phone queue. The actual conversation is still directly with a real SSA agent. Worth it when you need specific benefit calculations that only SSA can provide.
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Jessica Suarez
I think everyone's missing something important here - if you were married for 22 years, you should be eligible for a higher percentage of his benefits than if you were only married for 10. Also, Don't you have to have been married at least 10 yrs to claim on an ex spouse? I'm pretty sure you get more the longer you were married, my cousin got extra because she was married for 28 years to her ex.
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Sophia Carson
•This is incorrect. For divorced spouse benefits (including survivor benefits), you only need to have been married for at least 10 years to qualify. The length of marriage beyond 10 years doesn't increase the benefit amount. The benefit calculation is based on the worker's earnings record, not the length of marriage. The 22-year marriage in this case qualifies, but doesn't provide any additional percentage beyond what a 10-year marriage would receive.
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Keith Davidson
Thank you all for the helpful information! I've made an appointment at my local SSA office for next month (earliest they had), but I might try that Claimyr service to get some preliminary information sooner. From what I'm understanding, it seems like I have several options to consider: 1. Claim reduced survivor benefits now while working (and accept the earnings test reduction) 2. Wait until FRA for full survivor benefits with no earnings limit 3. Take my own reduced retirement at 65 and switch to survivor benefits at FRA 4. Take survivor benefits at FRA and switch to my own at 70 I think I need to find out exactly what both benefit amounts would be before I can decide which path makes the most financial sense. Thanks again for all your help!
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Ezra Bates
That's a perfect summary of your options! Getting those exact benefit amounts is crucial for making an informed decision. One additional tip: when you speak with SSA, ask them to calculate the approximate lifetime total you'd receive under each scenario assuming you live to age 85. Sometimes the long-term difference between strategies can be substantial, even if the monthly difference seems small initially.
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Ana Erdoğan
ALSO make sure to ask them about Medicare!! I found out that if you take ANY SS benefit before 65, they automatically enroll you in Medicare Part B when you turn 65 and start deducting the premium from your SS payment. I wasn't expecting that and it messed up my health insurance situation with my employer. So many weird rules!!
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