Can I switch from my own Social Security to ex-spouse survivor benefits if they die after I reach FRA?
Hi everyone, I've been planning my retirement and I'm confused about survivor benefits in my situation. I'll reach my full retirement age (67) next June and plan to start collecting my own Social Security then. My ex-husband and I were married for almost 30 years before divorcing in 2019. He's already collecting his Social Security (he reached his FRA last year). My question is: if he passes away after I've already started collecting my own benefits, would I be able to switch to survivor benefits based on his record? According to the SSA calculator, his benefit amount is significantly higher than what I'll get. I've worked part-time most of my life while raising our kids, so my projected benefit is only about $1,750/month while his is around $3,200. Would really appreciate any insight on this!
18 comments
Diego Fernández
Yes, you absolutely can switch to survivor benefits if your ex-husband passes away, even if you're already collecting your own retirement benefits. Since you were married for more than 10 years (30 years in your case), you qualify for surviving divorced spouse benefits. If his benefit is higher than yours, you would receive an amount equal to what he was receiving at his death. The good news is that unlike spousal benefits which are capped at 50% of your ex's benefit while they're alive, survivor benefits can be up to 100% of what they were receiving.
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Chloe Martin
•Thank you so much! That's such a relief to hear. Do I need to do anything special now to make sure this option is available to me later? Should I mention this possibility when I apply for my own benefits next year?
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Anastasia Kuznetsov
my mom did this exact thing last year when my dad passed. they were divorced for 12 yrs but she got his full amount which was like $800 more than hers. the SSA office actually contacted her about it after they got the death certificate, she didnt even have to apply
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Chloe Martin
•Oh that's interesting! I didn't know the SSA might actually reach out. I was worried I'd miss the opportunity if I didn't know to apply. That makes me feel better about the process. Sorry about your dad's passing.
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Sean Fitzgerald
Be aware that you don't automatically get survivor benefits - you have to apply for them! My cousin's ex died and she didn't know she qualified for survivor benefits until almost a year later. She got some backpay but missed out on some months. The SSA doesn't always notify everyone like they did with the person above.
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Zara Khan
•This is correct. While SSA does sometimes identify potential survivor benefit recipients, you should never count on this. When your ex passes away, you should contact Social Security promptly (within 30 days if possible) to apply for survivor benefits. You'll need to provide his death certificate and proof of your marriage. The SSA can only pay up to 6 months of retroactive benefits for survivors in most cases.
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MoonlightSonata
I tried doing something similar and it was a NIGHTMARE trying to get through to Social Security!! Spent THREE DAYS trying to reach someone after my ex passed. Kept getting disconnected or waiting for hours. This was during COVID but I hear it's still terrible. When you do have to make that switch, be prepared for a frustrating experience with their phone system.
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Mateo Gonzalez
•I had a similar experience trying to reach SSA about survivor benefits last month. After getting nowhere for days, I found this service called Claimyr that got me connected to a real person at Social Security in under 20 minutes. Saved me hours of frustration. They have a demo video at https://youtu.be/Z-BRbJw3puU showing how it works. Definitely worth it for something as important as survivor benefits where timing matters.
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Nia Williams
one thing to remember is that u can't collect BOTH benefits at the same time. you'll get whichever is higher. so if your exs benefit is higher thats what you'd get instead of your own.
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Chloe Martin
•Yes, I understand I can only get one or the other. In my case, his benefit is almost double mine, so I'd definitely want to switch if something happens to him. Just wanted to make sure I wouldn't be locked into my own benefit forever once I start taking it.
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Anastasia Kuznetsov
did u guys know there's actually a 9-month marriage requirement for survivor benefits? different from the 10-year rule for regular divorced spouse benefits. just thought i'd mention it but OP was married 30 years so doesn't matter for her
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Diego Fernández
•That's a good point about the different duration requirements. For divorced spouse benefits while the ex is still alive, you need the 10-year marriage minimum. For survivor benefits after an ex passes away, you only need to have been married for 9 months - unless the death was accidental or in the line of duty as a military service member, in which case the duration requirement might be waived. But as you noted, with a 30-year marriage, the OP easily meets either requirement.
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Sean Fitzgerald
My sister just went through this and there was a waiting period before she could get the survivor payment. I think it was like 3-4 months? Just so you know there might be a gap if that happens.
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Zara Khan
•There shouldn't normally be a 3-4 month waiting period for survivor benefits, though processing can sometimes take several weeks. What your sister may have experienced is related to the month of entitlement rules. Survivor benefits are payable from the month of death if filed quickly, but Social Security payments come a month after the month for which they're due. There can also be delays in processing if all required documentation isn't readily available. It's best to apply as soon as possible after the death occurs.
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MoonlightSonata
I'm confused about something - does it matter that he's already collecting his SS? I thought once someone starts taking benefits early it reduces what survivors get too??
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Diego Fernández
•Great question! In this scenario, the OP mentioned her ex-husband is already at his Full Retirement Age (FRA), so he's not taking reduced early benefits. If someone takes benefits before their FRA, it can indeed reduce the survivor benefit that their spouse or ex-spouse might later receive. However, since the ex is already at FRA, his benefit isn't reduced, and therefore any potential survivor benefit would be based on his full benefit amount.
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Nia Williams
make sure u keep track of when he dies. my mom had trouble proving her ex died because his new family didn't tell her and she needed the death certificate.
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Chloe Martin
•That's a really good point I hadn't considered. We're not on bad terms, but we don't really keep in touch either. I should make sure I have contact with someone who would let me know if something happens to him. Thank you for bringing that up!
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