Can I get my ex-husband's full Social Security survivor benefits if he took early retirement at 62?
I'm trying to understand my potential survivor benefits situation. I've been divorced for over 20 years (marriage lasted 15 years) and never remarried. My ex-husband started collecting Social Security at 62, which I know reduced his monthly benefit amount. I'm 68 now and haven't filed for my own benefits yet. I'm wondering - if my ex passes away, would I be eligible for his FULL survivor benefits (what he would've received at FRA), or would I only get the reduced amount he's currently receiving because he filed early? I've looked at spousal benefits already, but half of his benefit isn't more than what mine will be, so I haven't filed for those. Just trying to understand what happens with survivor benefits when the ex took a reduced early retirement. Thanks for any insight!
14 comments
Isla Fischer
Good news! As a survivor (even as an ex-spouse since your marriage lasted more than 10 years), you would be eligible to receive what your ex-husband would have received at his full retirement age, even though he took reduced benefits at 62. The early filing reduction doesn't carry over to survivor benefits. However, the benefit might be reduced if you claim survivor benefits before your own full retirement age, but since you're already 68, that's not an issue for you. Also, you made the right call not taking spousal benefits if your own benefit is higher.
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Miles Hammonds
•Wait really?? I thought survivors only get exactly what the deceased was getting when they died? My dad took benefits at 62 and my mom is worried she'll be stuck with his reduced amount forever if something happens to him. This is so confusing!!!
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Ruby Blake
The last time I called the Social Security office to ask a question like this, I was on hold for almost 3 hours and then got disconnected! I finally used a service called Claimyr (claimyr.com) that got me connected to a rep in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. For complicated questions about survivor benefits like yours, actually speaking to an SSA representative is probably your best bet. They can look at your specific record and give you the most accurate information.
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Micah Franklin
•does that service really work? seems to good to be true. ss office never answers and when they do they just tell me to make an appointment which takes like 3 months to get
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Ella Harper
There's a special rule for survivor benefits that many people don't know about. Even though your ex took his benefits early at 62, survivor benefits are based on his Primary Insurance Amount (PIA) - what he would have received at his full retirement age - with certain adjustments. Specifically, since you're over your FRA, you can get the higher of: 1. What your ex was actually receiving when he died, OR 2. 82.5% of his PIA However, since he filed at 62, he was already getting approximately 75% of his PIA, so option #2 would be better. This is one of the few instances where someone's early claiming decision doesn't permanently reduce benefits for survivors. You're smart to ask this question now so you can plan accordingly.
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Logan Chiang
•Thank you so much for this detailed explanation! I've been researching survivor benefits for months and could never get a clear answer. I'm relieved to know that his early filing won't permanently reduce what I might receive as a survivor. I'm still planning to hold off on filing for my own benefits until 70 since they keep growing, but it's good to understand all my options.
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PrinceJoe
my husband passed last year and i got survivors benefits but they definitely gave me exactly what he was getting, not some higher amount. he also took benefits at 62. maybe the rules r different for divorced couples??
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Isla Fischer
•The amount you received might actually be the higher amount without you realizing it. SSA automatically gives survivors the higher of the two calculations I mentioned earlier. However, if your husband had delayed claiming until 70, your survivor benefit would be significantly higher. This applies to both current and ex-spouses (if the marriage lasted 10+ years). If you're not sure about your calculation, it might be worth contacting SSA to verify they applied the proper formula.
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Brooklyn Knight
I talked to an SSA rep about something similar last month. They said something about a "special minimum benefit" for survivors even when the worker claimed early. But honestly the rep seemed confused and gave me different answers each time I asked for clarification. The whole system is a mess. Get ready for tons of paperwork and waiting FOREVER for them to process anything!!! And don't even get me started on their website...
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Micah Franklin
•omg YES the website is terrible!! I tried to create my account for 2 weeks and it kept locking me out. had to go to the actual office and wait 3 hours just to reset my password!
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Logan Chiang
Thank you all for these helpful responses! I think I understand now that survivor benefits would be based on his Primary Insurance Amount rather than his reduced benefit, which is a relief. I'm going to try to speak with someone at SSA directly to confirm based on our specific situation. Hearing about that Claimyr service is helpful since the last time I tried calling SSA, I gave up after being on hold for over an hour.
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Ruby Blake
•Glad the Claimyr suggestion was helpful! When you do connect with SSA, make sure to specifically ask about the "widow(er)'s limit provision" - that's the technical term for the calculation that determines the maximum you can receive as a survivor. Some representatives aren't familiar with all the details of this provision unless you specifically mention it.
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Miles Hammonds
I just wanted to add one thing - make SURE you keep a copy of your marriage certificate and divorce decree!!! My aunt went through this last year and SSA rejected her claim TWICE because they said they needed "original" copies even though she sent certified copies. The whole process took her 9 months to resolve and she almost lost her house waiting for the benefits to start!!! The system is HORRIBLE for widows and survivors!!!
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Logan Chiang
•That's a really good point about the documentation - I'll make sure I have all that organized and ready. I actually still have my original marriage certificate in a safety deposit box. Sorry your aunt had such a terrible experience, that sounds incredibly stressful.
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