Can ex-husband claim Social Security survivor benefits from deceased higher-earning ex-wife while letting his own benefits grow?

Yes, your cousin's ex-husband absolutely CAN file for survivor benefits now at 62 (though they'll be reduced since he's filing before his Full Retirement Age) while allowing his own retirement benefit to grow until FRA or even age 70. This is one of the few remaining strategies where you can still switch between benefit types. For divorced survivor benefits, the marriage must have lasted at least 10 years (which it did in your case). The ex-spouse can claim as early as age 60 (or 50 if disabled), but benefits are reduced for claiming before FRA. Here's what he should know: 1. At 62, he'll get approximately 81.5% of what he would receive at his FRA as a survivor 2. His own retirement benefits can continue growing, potentially up to 132% of his PIA if he waits until 70 3. The divorced survivor benefit is completely separate from his own retirement benefit 4. He doesn't need her earnings record to file - SSA can look that up He should contact SSA specifically about "divorced survivor benefits" and be clear he wants to file a restricted application for survivor benefits only.

my brother had almost this exact situation. his ex died and he got survivors at 60 (early) then at fRA he switched to his own. they make it confusing cause the regular spousal is different rules than survivor which is stupid

First, I'm sorry about your cousin's passing. The good news is that yes, this strategy is still available. The 2015 rule changes eliminated the ability to take spousal benefits first and then switch to your own retirement (for people born after 1/1/1954), but they did NOT change the rules for survivor benefits. Ex-spouses can still file for survivor benefits as early as 60 (or 50 if disabled) and then switch to their own retirement later if it would be higher. The reduction for taking survivor benefits early is about 0.396% per month before FRA (roughly 4.75% per year). The ex-husband should definitely get this process started ASAP. He'll need: - His ID - Death certificate for your cousin - Marriage certificate - Divorce decree - Both SSNs Keep in mind that any benefits the ex-husband is receiving will be reduced if he's still working and exceeds the earnings limit ($21,240 for 2023).

To clarify for everyone - there's confusion because there are TWO different sets of rules: 1. For SPOUSAL benefits (living spouses/ex-spouses): Yes, the 2015 law eliminated the ability to take spousal first, then switch to your own retirement later (except for those born before 1/1/1954). 2. For SURVIVOR benefits (deceased spouse/ex-spouse): The option to switch between benefits is STILL ALLOWED for everyone regardless of birth date. You can take survivor benefits as early as age 60 and switch to your own retirement benefit later, or take your reduced retirement early and switch to survivors later. Survivors and spouses follow completely different rules. This is why it's so confusing.

I tried calling SSA for my mom in similar situation and waited 2+ hours!! So frustrating. Try using Claimyr.com - it got us connected to a real person at SSA in under 10 minutes. They call and wait in line for you then connect you when an agent picks up. Saved us hours of hold time. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU My mom was in a similar situation with survivor benefits and being able to talk directly with an agent made all the difference in getting it sorted out.

wait im confused about something... if they were divorced why would he get anything from her record at all?? my understanding was that divorce means your completely cut off from ex spouses benefits????

Just to add some specifics about the potential difference in benefits: Let's say the ex-husband's Full Retirement Age (FRA) benefit on his own record would be $1,500/month, and your cousin's FRA survivor benefit would be $2,200/month. If he takes survivor benefits at 62, he'd get roughly $1,793/month (reduced from $2,200). Then at 70, he could switch to his own retirement, which would be about $1,860/month ($1,500 + 24% delayed credits). The math can get complex and depends on their exact earnings records, but the strategy of taking reduced survivor benefits now and switching to his own at 70 could mean tens of thousands of dollars more over his lifetime compared to other filing strategies. Definitely worth having him talk to SSA about the exact numbers in his case!

When he speaks with SSA, he should specifically request a "survivor benefit estimate based on his deceased ex-wife's record" as well as a "retirement benefit estimate on his own record with delayed credits to age 70." There's no specific form for comparing these scenarios, but a knowledgeable SSA representative should be able to provide both estimates. He should take detailed notes during the call including the representative's name and direct number if possible. Keep in mind that any survivor benefits received before FRA will be subject to the earnings test if he's still working. In 2023, benefits are reduced by $1 for every $2 earned above $21,240. Also important: make sure he specifically states he wants to file a "restricted application for survivor benefits only" - this language is key to ensuring they process it correctly.