Can I get Social Security survivor benefits from ex-husband when my own SS is higher than half his benefit?

You're mixing up two different benefits. The rule about getting less than half applies to spousal benefits while your ex is alive. Survivor benefits are different - when your ex passes away, you could get up to 100% of what he was receiving if that's higher than your own benefit. So in your case, if your ex passes away and he was getting $4400, you could potentially switch from your $2600 to his $4400. But you'd have to apply for the survivor benefits and you would get whichever is higher (not both).

my mom jst went thru this exact thing!! yes you CAN get his full benefit when he dies but you have 2 pick either yours OR his (whichever is bigger) not both. dont let them tell u different bc they told my mom wrong info 2x

The first commenter is exactly right. You're confusing ex-spousal benefits (while he's alive) with ex-spousal survivor benefits (after he passes). They have different rules. For survivor benefits from an ex-spouse, you need to have been married at least 10 years, be at least 60 years old (or 50 if disabled), and not be entitled to a higher benefit on your own record. In your specific case: - While he's alive: You get your own $2600 because it's more than the spousal benefit (which would have been 50% of his, or $2200) - After he passes: You can switch to a survivor benefit of $4400 (assuming it's still higher than your own at that time) And yes, you can get survivor benefits from an ex-spouse even if they remarried. Your remarriage would have mattered, but since you're now widowed, it doesn't affect your eligibility for benefits on your ex's record.

When my auntie's ex died she had to bring their marriage certificate AND divorce papers to SSA to prove she was eligible. Start collecting those documents now! Good luck!

I went thru something similar. You need to know that SSA will NOT automatically switch you to the higher benefit when your ex passes - you MUST apply for it! They won't tell you about it or check if you qualify. They made me provide marriage certificate, divorce decree, and his death certificate. It took almost 3 months to process and they didn't backdate the payments to his death date, only to when I applied. Don't wait to apply when the time comes!

I spent HOURS trying to reach SSA last month about a similar question. Kept getting disconnected or waiting for 2+ hours only to be told wrong information. Finally used a service called Claimyr (claimyr.com) that got me connected to a real SSA agent in less than 20 minutes. Totally worth it! They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent confirmed what others here are saying - survivor benefits from an ex-spouse can be up to 100% of what they received if you were married 10+ years. When your ex passes (hopefully not for many years), you'll want to apply right away for the higher survivor benefit.

does anyone know if there's a time limit to apply after ex dies? like what if u dont find out right away?

just wanted to say thanks for asking this question! I'm in almost the same boat and had no idea about the difference between spousal and survivor benefits from an ex!

One other thing - when he passes away, DON'T just accept what the first SSA rep tells you. I was initially told I wasn't eligible for my ex's higher benefit because he had remarried. That was WRONG. I had to speak to a supervisor who confirmed I was eligible. The rules are: 1) married 10+ years, 2) you're 60+ or 50+ if disabled, 3) not entitled to higher benefit on your own record. Your current marital status only matters if you're currently married (which you're not - widowed counts as unmarried).

I've been following this discussion and wanted to add one more important detail that hasn't been mentioned yet. Even though you were married 12 years (which meets the 10+ year requirement), make sure you have copies of ALL your documentation ready NOW - marriage certificate, divorce decree, and when the time comes, death certificate. Also, consider this: if your ex-husband is getting $4400/month now but delays his benefits or has cost-of-living increases over the years, your potential survivor benefit could be even higher than $4400 when he eventually passes. The survivor benefit is based on what he was actually receiving (or entitled to receive) at the time of death, not what he's getting today. One last tip - keep track of his Social Security number if you have it. SSA will need it when you apply for survivor benefits, and it can speed up the process significantly.