Can I get 100% of my ex-husband's Social Security benefits if he dies while I'm receiving his pension?
I'm trying to understand my widow benefits for when my ex-husband passes away. We were married for 23 years before divorcing in 2017. I'm currently 62 and receive a portion of his pension from his federal job ($1,850/month). I was told by a friend that when he passes away, I'll lose this pension completely. Is this true? And more importantly, would I be eligible to receive 100% of his Social Security survivor benefits instead of just the 50% divorced spouse benefit? I'm still working part-time but only make about $14,000 annually and have very little saved for retirement. I need to plan ahead financially since I'm worried about making ends meet if the pension stops. Any information on survivor benefits for divorced spouses would be so helpful.
18 comments
LongPeri
Yes, you can potentially receive up to 100% of your ex-husband's Social Security benefit as a surviving divorced spouse. To qualify, you need to have been married at least 10 years (which you were), be at least 60 years old (which you are), and not be entitled to a higher benefit on your own record. But there's a catch - if your ex worked in a job that didn't pay into Social Security (sounds like he might have had a federal job with CSRS rather than FERS), then his SS benefits might be reduced by WEP, and yours might be affected by GPO (Government Pension Offset).
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Freya Collins
•Thank you for explaining. What's WEP and GPO? And yes, I think he was under CSRS. How much would that reduce what I could get?
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Oscar O'Neil
My mom went thru this exact thing with my dads pension!! When he died the pension company immediately stopped her payments and it took almost 6 months to get her widows benefits from Social Security. We had to borrow money from family just to pay her bills!!
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Freya Collins
•Oh no, that's exactly what I'm afraid of! Did your mom eventually get the full amount of your dad's Social Security?
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Sara Hellquiem
WEP stands for Windfall Elimination Provision and GPO is Government Pension Offset. These rules affect people who receive pensions from jobs not covered by Social Security. If your ex-husband worked in a federal job under the Civil Service Retirement System (CSRS), his Social Security benefit might be reduced by WEP. And as his divorced spouse, your survivor benefits could be reduced by GPO. The GPO typically reduces your Social Security survivor benefits by two-thirds of your government pension amount. Regarding the pension: Yes, many survivor pensions do terminate upon death of the former employee. You should check the specific terms of his pension plan. Some federal pensions have survivor benefit provisions, but this depends on choices made at retirement. I would recommend contacting Social Security directly to get a personalized estimate of what your survivor benefits would be, taking GPO into account if applicable.
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Freya Collins
•Thank you so much for the detailed explanation. This is very concerning - if my pension of $1,850 stops AND my Social Security survivor benefits get reduced by GPO, I don't know how I'll manage financially. I'll definitely need to contact SSA to get exact figures.
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Charlee Coleman
the pension stopping when he dies is probably true. most pensions dont continue for exes after death unless there was something specifc in your divorce decree. you should check your divorce papers.
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Liv Park
I recently helped my aunt with a similar situation. She tried calling Social Security for THREE WEEKS and couldn't get through - just busy signals or being placed on hold for hours. She finally used a service called Claimyr (claimyr.com) that got her connected with an actual Social Security agent in under 20 minutes! They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU She needed specific answers about her survivor benefits calculation and GPO reduction, and speaking with an actual agent was the only way to get accurate information for her situation. Much better than general advice online.
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Leeann Blackstein
•Is that service legit? I've spent HOURS trying to talk to someone at Social Security about my benefits. I always get disconnected after waiting forever!!!
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Liv Park
•Yes, it's legitimate. My aunt was skeptical too, but it actually worked. She got through to an agent who explained exactly how her benefits would be calculated with the GPO reduction. Saved her from making a huge financial planning mistake.
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Ryder Greene
My situation was different but maybe helps? I got divorced after 12 years and when my ex died I got his full SS benefit even though I was already claiming my own SS. They automatically give you whichever amount is higher. But I didn't have any pension stuff to deal with.
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Oscar O'Neil
•Thats not how it works!!! You dont get BOTH benefits. You only get the higher one. Social Security isnt that generous lol
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Ryder Greene
•That's what I meant! Sorry if I wasn't clear. I was getting my own benefit, then when he died they switched me to his because it was higher.
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LongPeri
To directly answer your original question: Yes, as a divorced spouse who was married for more than 10 years, you can potentially receive 100% of your ex-husband's Social Security benefit as a survivor benefit when he passes away. However, several factors come into play: 1. GPO: If you receive a government pension based on work not covered by Social Security (which sounds likely in your case), your survivor benefits would be reduced by 2/3 of that pension amount. 2. Your Age: If you claim survivor benefits before your Full Retirement Age (FRA), the benefit will be reduced. 3. Your Own Work Record: If your own Social Security benefit would be higher, you'd receive that instead. I strongly recommend setting up an appointment with SSA to get precise calculations based on your specific situation. The online calculators won't account for all these special circumstances.
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Freya Collins
•Thank you so much for this thorough explanation. I'm definitely going to contact SSA directly. It sounds like my situation is more complicated than I realized with the GPO potentially reducing my survivor benefits. I need to figure out exactly what I'll have to live on.
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Leeann Blackstein
DONT TRUST WHAT SSA TELLS YOU ON THE PHONE!!! I got THREE different answers from THREE different reps about my widow benefits!!! Get EVERYTHING in writing and talk to a supervisor if possible. The first rep told me I'd get full benefits and then when I applied they said I was getting way less because of some rule nobody mentioned before. FIGHT FOR YOUR BENEFITS!!!
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Sara Hellquiem
Here's some additional information that might help you: 1. Regarding the pension: Federal pensions for ex-spouses typically end when the retiree dies unless your divorce decree included a survivor benefit clause. This is something you should verify by reviewing your divorce decree or contacting the Office of Personnel Management (OPM). 2. About Social Security survivor benefits: As others have mentioned, the GPO would reduce your survivor benefits by 2/3 of your government pension. However, since your pension will likely terminate upon your ex-husband's death, the GPO may not apply to you at that point (since you won't be receiving the pension anymore). 3. If your ex-husband was under CSRS, he likely had substantial quarters of coverage under Social Security from other employment to qualify for any Social Security benefit. Given your current income is only $14,000 annually, survivor benefits could be significant for your financial security. I strongly recommend setting up an in-person appointment at your local Social Security office where they can access all the relevant records.
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Freya Collins
•Thank you for the detailed information. Your point about GPO possibly not applying if the pension terminates gives me some hope. I'll definitely check my divorce decree to see if there's any survivor benefit clause - I don't recall one, but it's been several years since the divorce was finalized. I'll try to set up an in-person appointment as you suggested.
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