Back to Social Security Administration

Margot Quinn

Can I switch from current survivor benefits to my ex-husband's Social Security benefits when he dies?

I'm currently receiving survivor benefits after my husband passed away last year. We were married for 22 years before he died. I'm 62 now and getting about $1,850 monthly. Recently found out my ex-husband (we were married for 14 years and divorced in 2011) is terminally ill. His benefit would be significantly higher than what I'm getting now - around $2,600 based on his earnings history. When he passes, would Social Security allow me to switch from my current survivor benefit to his higher benefit? Or am I stuck with the first survivor benefit I claimed? My friend said you can only get survivor benefits from one person, but I've also heard different things from others. Any help would be appreciated!

Yes, you can switch to the higher benefit! Being entitled to survivor benefits from multiple relationships doesn't mean you have to stay with the first one. Social Security will pay the highest benefit you're eligible for. Since you were married to your ex for over 10 years, you meet the duration requirement for divorced spouse survivor benefits. When he passes, contact SSA immediately to apply for the higher survivor benefit based on his record.

0 coins

Thank you so much! This is a huge relief. Do I need to bring anything special to the SSA office when I apply for the switch? Will they need proof of both marriages?

0 coins

OMG i'm so sorry about your husband and now your ex too!! the ssa rules are SUPER confusing about this stuff, i swear. i think you can get the higher one but when my aunt tried something similar they gave her all kinds of problems and she had to appeal. make sure you keep copies of EVERYTHING you submit!!

0 coins

That's good advice about keeping copies. I'm worried they'll make this complicated. Did your aunt eventually get approved after her appeal?

0 coins

yes she did but it took like 4 months!!! and they didnt give her all the backpay at first! she had to call like 5 times before they fixed it. so frustrating!!

0 coins

My condolences on your losses. This happened to my sister last year - she was able to switch from one survivor benefit to another higher one. Just make sure you have marriage certificates and death certificates for both spouses when you apply.

0 coins

Exactly what the first responder said. The 10-year marriage duration rule is key here for divorced spouse survivor benefits. Since you were married for 14 years, you qualify. When your ex passes, you'll need to provide SSA with: 1) Your marriage certificate to your ex, 2) Your divorce decree, 3) His death certificate, 4) Your current spouse's death certificate. One important note: Make sure you contact SSA promptly when your ex passes. Survivor benefits can only be paid retroactively for up to 6 months from your application date. If you wait too long, you could lose out on some payments. The difference between $1,850 and $2,600 is $750/month - that adds up quickly!

0 coins

wait but doesn't remarriage affect divorced survivir benefits? Im confused

0 coins

Good question. Normally, remarriage before age 60 would terminate eligibility for divorced spouse survivor benefits. However, since the poster's second husband also passed away, that remarriage ended with his death. So she still qualifies for survivor benefits from either spouse (and can choose the higher of the two).

0 coins

I tried to call SSA about a similar situation and was on hold for THREE HOURS before getting disconnected! So frustrating! Have you tried using Claimyr to get through to a real person? I found it at claimyr.com and it saved me so much time - they called SSA for me and then connected me once they had an agent on the line. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU. Way better than wasting a whole day on hold!

0 coins

I haven't heard of that before, but I'll definitely check it out. My local office is always packed and the phone line seems impossible. Thanks for the tip!

0 coins

You definitely CAN switch to the higher benefit. Social Security will pay the highest benefit you're eligible for - they don't trap you in the first one you receive. I went through this exact situation in 2024. My first husband died in 2019, then my ex-husband (married 12 years) died in 2024. I was able to switch to his higher benefit. However - and this is important - don't wait for SSA to figure this out for you. When your ex passes, you need to specifically apply for survivor benefits on his record. They won't automatically calculate and compare the two potential benefits. You have to initiate the process. Bring both marriage certificates, both death certificates (when applicable), and your divorce decree. Good luck!

0 coins

This is so helpful to hear from someone who went through it! Did SSA backdate your payments to when your ex passed away?

0 coins

They only backdated 6 months from my application date, which is their standard policy for survivor benefits. I waited almost 9 months to apply (didn't know I could get the higher amount), so I lost about 3 months of the higher payment. Don't make my mistake!

0 coins

my mom tried 2 do this and the ssa said no at first. had 2 talk to supervisor. always ask for supervisor if they say no!!

0 coins

Also did anyone tell you about the lump sum death benefit??? It's only $255 but better than nothing I guess. You can get that when your ex passes too if you're eligible for his survivor benefits

0 coins

I did get that when my husband passed, but I wasn't sure if I could claim it again for an ex-spouse. I'll ask about that too when the time comes.

0 coins

One additional point about the transition: when you apply for the higher survivor benefit, you'll continue receiving your current benefit until SSA processes the new claim. Then they'll switch you to the higher amount. This processing can take 2-3 months. If your ex-husband passes away, I'd recommend setting up an appointment with your local office rather than just calling the national 800 number. Face-to-face appointments tend to result in fewer errors for these complex cases.

0 coins

I'm so sorry for your loss and what you're going through with your ex-husband's illness. This is such a difficult situation emotionally, but I wanted to add one more practical tip that might help. When you do apply for the higher survivor benefit, make sure to ask SSA to calculate the exact amounts you'd receive from each spouse's record. Sometimes the calculations can be more complex than they appear - factors like cost-of-living adjustments, early retirement reductions, and government pension offsets can all affect the final amount. Don't just assume the higher earner will always result in the higher benefit. Have them run the numbers for both scenarios so you can make the most informed decision. Wishing you strength during this challenging time.

0 coins

I'm so sorry for your loss and what you're going through with your ex-husband's illness. This community has given you excellent advice - you absolutely can switch to the higher survivor benefit when the time comes. One additional resource that might help: if you're comfortable using online tools, you can create a my Social Security account at ssa.gov. This will let you view your current benefit information and potentially get estimates for different scenarios. It's especially helpful for keeping track of all your SSA interactions and having a record of your benefit history in one place. Also, when the time comes to make the switch, consider asking SSA to put the approval in writing. Sometimes there can be confusion months later about which benefit you're receiving or why it changed, and having that documentation can save you from having to re-explain your situation. You're being incredibly thoughtful and proactive during such a difficult time. This planning will really help ensure you get the maximum benefit you're entitled to. Take care of yourself.

0 coins

That's a great point about the my Social Security account! I actually set one up when my husband passed away, but I haven't logged in recently. I'll check to see if there's a way to view estimates for different scenarios like you mentioned. Having everything documented online would definitely be helpful, especially since I've been dealing with so many phone calls and paperwork. The tip about getting written approval is really smart too - I can see how things could get confusing down the line if there's no clear record of why my benefit amount changed. Thank you for thinking of these practical details that I might not have considered on my own!

0 coins

Social Security Administration AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
43,752 users helped today