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!
18 comments
Evelyn Kim
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.
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Margot Quinn
•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?
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Diego Fisher
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!!
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Margot Quinn
•That's good advice about keeping copies. I'm worried they'll make this complicated. Did your aunt eventually get approved after her appeal?
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Diego Fisher
•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!!
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Henrietta Beasley
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.
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Lincoln Ramiro
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!
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Faith Kingston
•wait but doesn't remarriage affect divorced survivir benefits? Im confused
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Lincoln Ramiro
•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).
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Emma Johnson
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!
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Margot Quinn
•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!
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Liam Brown
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!
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Henrietta Beasley
•This is so helpful to hear from someone who went through it! Did SSA backdate your payments to when your ex passed away?
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Liam Brown
•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!
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Faith Kingston
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!!
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Diego Fisher
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
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Margot Quinn
•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.
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Evelyn Kim
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.
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