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Can I switch to higher ex-spouse survivor benefits after claiming my own Social Security at 70?

I'm about to turn 70 next month and planning to finally claim my Social Security retirement benefits. I've been holding off to maximize my monthly amount, but I'm wondering about my options regarding my ex-husband's benefits in the future.My situation: I was married for almost 27 years before divorcing about 12 years ago. My ex is still alive (76) and already collecting his Social Security. I know his benefit amount is significantly higher than mine will be (probably $1,200+ more per month based on our earnings histories).My question is: If my ex-husband passes away in the future, would I be eligible to switch from my own retirement benefit to his higher survivor benefit as his ex-spouse? And if I am eligible, do I need to mention anything about this possibility when I apply for my own benefits next month?I've tried reading about this on the SSA website but got confused about whether the rules for ex-spouse survivor benefits are different from regular survivor benefits. Any insights would be appreciated!

Andre Laurent

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Yes, you absolutely CAN switch to your ex's higher benefit as a surviving divorced spouse when he passes away! This is one of the lesser-known benefits in the Social Security system.You meet all the requirements: married over 10 years and not remarried before age 60. The fact that you'll be claiming your own benefit first at age 70 is perfect - you've maximized your own benefit and can later switch to the survivor benefit if it's higher.When you apply next month, there's actually NOTHING you need to mention about this potential future switch. The two benefits are completely separate events. You'll apply for survivor benefits only when/if your ex passes away.I went through this exact process myself last year. My ex passed away and I was able to switch to his higher benefit even though we'd been divorced for 15+ years. The key is just keeping your marriage certificate and divorce decree accessible for when you eventually need to file for survivor benefits.

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Carmen Diaz

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Thank you so much for sharing your experience! That's a relief to know I don't need to say anything about it now. I do have both my marriage certificate and divorce papers stored safely. One more question - when the time comes (hopefully not soon), would I need to be the one to notify Social Security about his passing, or would their system automatically know?

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AstroAce

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i think ur confusing spousal and survivor benefits. spousal is 50% of his and survivor is 100% of his. you can get spousal NOW even while hes still alive if its higher than yours. but doesnt sound like it would be since ur getting ur own at 70. when he dies u definitely get the higher one tho.

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Andre Laurent

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You're right about the difference between spousal and survivor benefits, but there's a slight misunderstanding in your comment. Spousal benefits for a divorced spouse would only be 50% of the ex's full retirement age benefit, which almost certainly would be less than her own benefit at age 70 (which includes 4 years of delayed retirement credits). The survivor benefit, as you correctly noted, would be up to 100% of what the ex was receiving when he dies, which is why it might be worth switching to at that point.

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Zoe Kyriakidou

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This is exactly what I did after my ex-husband passed away three years ago. We'd been divorced for over 20 years, but I was able to switch from my retirement benefit to his survivor benefit because it was about $700 more per month. Social Security doesn't really advertise this option! When you go to file for your own benefit next month, they probably won't even ask about your ex-spouse since you're filing for retirement, not spousal benefits.

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Jamal Brown

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I'm going to jump in here because there's a bit of confusion sometimes about this process. When your ex passes away, you should contact SSA immediately. They don't automatically know about your relationship to the deceased, especially with ex-spouses. You'll need to provide your marriage certificate, divorce decree, and his death certificate.Also, be prepared for potential delays. Reaching SSA by phone to report a death and start the survivor benefit application can be incredibly frustrating - hours of waiting, disconnected calls, etc. I've had clients who were trying for weeks. If you're dealing with this in the future, check out Claimyr.com - they help you get through to an actual SSA agent without the usual wait times. There's a video demo at https://youtu.be/Z-BRbJw3puU that shows how it works. It's been a lifesaver for many people trying to navigate survivor benefits claims.

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Mei Zhang

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SSA IS DELIBERATELY HIDING THESE BENEFITS FROM SENIORS!!!!! They hope you DON'T know about survivor benefits for ex-spouses! They do this to save $$$ because most people don't know to ask. I've been dealing with them for years and they NEVER volunteer information about benefits you're entitled to. You have to specifically ASK or you get NOTHING!!!! Make sure you keep checking on your ex (sorry if that sounds morbid) because they won't notify you when he passes and there's a time limit to claim!!!!

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Liam McConnell

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Is there really a time limit to claim survivor benefits from an ex? I thought you could apply whenever you found out about the death, even if it's years later? You might miss some back payments but the benefit itself should still be available, right?

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Andre Laurent

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There's no absolute time limit to apply for survivor benefits, but there is a limit on retroactive benefits - generally 6 months. So if you delay applying, you might miss out on some payments you could have received. That's probably what the previous commenter was referring to.As for SSA

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Amara Oluwaseyi

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My mom did this! One thing I want to point out - when you claim your own retirement benefit at 70, it's completely separate from any future survivor benefit. When you apply next month, they'll just be focused on your own work record. You don't need to mention anything about potential survivor benefits.But here's something important to remember: if your ex-husband passes away, you need to apply for the survivor benefits promptly. SSA won't automatically switch you over or even notify you of his passing. I believe they can pay up to 6 months of retroactive benefits if there's a delay in applying for survivor benefits, but nothing beyond that.

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Carmen Diaz

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Thank you for this information! We don't have any contact anymore, so I'm not sure how I would even find out if he passes away. Do you know if there's any way to set up some kind of notification with Social Security, or would I need to periodically check obituaries in his area?

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Amara Oluwaseyi

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Unfortunately, there's no notification system through SSA for ex-spouses. Some people stay in touch with mutual friends or family members. Others occasionally search online obituaries or social media. It's one of those awkward situations where you might want to do an online search every so often, especially if he has health issues. Sorry I don't have a better solution!

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Liam McConnell

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I just went through this last year and ended up getting $850 more per month by switching to my ex's benefit after he died. You definitely qualify based on the length of your marriage. Just make sure your divorce decree is somewhere you can find it when the time comes!

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Zoe Kyriakidou

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im confused why are you waiting til 70? benefits max out at your FRA which is probably 66+something for you. your not getting any more increases after your FRA.

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Andre Laurent

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This is actually incorrect. While Full Retirement Age (FRA) is when you're eligible for your full benefit amount, Social Security continues to increase by 8% per year for each year you delay claiming after FRA, up until age 70. So by waiting until 70, the original poster will receive 24-32% more (depending on their exact FRA) than if they had claimed at their FRA. After 70, there are no further increases.

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Zoe Kyriakidou

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omg really?? i had no idea! i started mine at 66 and 2 months which was my FRA. wish id known this before!

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