Can my 62-year-old brother claim survivor benefits from ex-wife's Social Security while still working full-time?

Yes, your brother may be eligible for survivor benefits as a divorced spouse! Since they were married for over 10 years and he hasn't remarried, he meets the basic requirements for divorced spouse survivor benefits.However, there are some important considerations:1. At age 62, he would receive a reduced benefit amount (approximately 71-72% of what he'd get at his Full Retirement Age).2. Since he's working full-time, the earnings test will apply. For 2025, if he earns over $23,200 (approximate figure), his benefits will be reduced by $1 for every $2 he earns above that limit.3. He should consider whether taking his own retirement benefit later might be more advantageous in the long run.To start the process, he needs to call the SSA at 1-800-772-1213 or visit his local Social Security office. He'll need documents including marriage certificate, divorce decree, his ex-wife's death certificate, and his birth certificate.

Thank you for such a detailed explanation! I hadn't realized there was an earnings limit that could reduce the benefits. Given that he's making around $58,000 a year, it sounds like a significant portion might be withheld.Would it make more sense for him to wait until his Full Retirement Age before applying? Or could he potentially receive her survivor benefits now and then switch to his own retirement benefits later if they'd be higher?

my ex died in 2021 and i got survivors benefits even tho we were divorced for 15 yrs. your brother should definetly apply! but the SSA phone # is impossible to get through, i spent days trying

I had the same issue trying to reach SSA about survivor benefits after my divorce. After 3 weeks of calling and never getting through, I tried Claimyr (claimyr.com) and got connected to an agent in under 10 minutes. They have this demo video showing how it works: https://youtu.be/Z-BRbJw3puUCompletely worth it for something this important. Your brother shouldn't wait to apply since benefits can be retroactive but only for a limited time period.

I'm in a very similar situation as your brother! Divorced after 18 years, ex passed away in 2022. I'm 64 and still working. When I applied for survivor benefits, I was surprised to learn I could actually get MORE by taking the survivor benefit now and then switching to my own retirement benefit at 70.The SSA rep calculated both amounts for me - turned out my ex's benefit (even reduced for my early age) was higher than what I'd get from my own record at 64, but my own benefit at 70 will be highest of all options.YOUR BROTHER SHOULD DEFINITELY APPLY ASAP! The SSA will calculate his options. If he waits until FRA (probably 67 for him), he wouldn't face the earnings test, but he'd miss out on years of potential benefits.

This is really helpful info - thank you! I'll definitely tell him to apply now then, even with the earnings test reduction. Did you have any trouble with the application process? He's not very tech savvy and gets overwhelmed with paperwork.

Just to clarify something - the earnings test only applies until you reach your Full Retirement Age. After that, you can earn as much as you want with no reduction in benefits. So if your brother can wait until he's 67 (assuming that's his FRA), he could collect the full survivor benefit and continue working without penalties.

Just a quick correction - while waiting until FRA would avoid the earnings test, it might not be the best financial strategy. If he's eligible now, he could start receiving reduced survivor benefits, even with the earnings test applied. Any benefits withheld due to working aren't lost forever - they're added back once he reaches FRA resulting in a higher monthly payment.The really important thing to understand is that he has choices about when to take survivor benefits versus his own retirement benefits. He should absolutely apply now so SSA can tell him his options and projected benefit amounts.

This is wrong advice. You CANNOT get survivor benefits if you are divorced!!!! Only married people get survivor benefits. I tried when my ex died and SSA told me NO WAY.

That's actually incorrect. Divorced spouses CAN receive survivor benefits if the marriage lasted at least 10 years, they haven't remarried before age 60, and they meet other eligibility requirements. The SSA website clearly states this under

oh wow i had no idea!! they totally told me wrong then. guess i should have tried harder, its too late for me now since i remarried at 58. OP make sure your brother knows this!

One strategy your brother should seriously consider: Taking the survivor benefit now (even with reductions for age and earnings) and then switching to his own retirement benefit at age 70 if it would be higher. Many people don't realize you can do this!With survivor benefits, you can actually switch between benefits to maximize your lifetime payout. This is different from regular retirement benefits where the rules are more restrictive.He should ask the SSA for a calculation of:1. His reduced survivor benefit now at 622. His survivor benefit at his FRA (probably 67)3. His own retirement benefit at 624. His own retirement benefit at FRA5. His own retirement benefit at 70Then he can make an informed decision about which claiming strategy maximizes his benefits over his lifetime.

This is fantastic advice - I had no idea about the possibility of switching benefits like this. I'll make sure he asks for all these calculations. Thank you!

btw make sure he brings his marriage certificate and divorce papers and her death certificate to the appt. they want originals not copies and its a huge hassle if u have to go back!!!

Great point about the documents! I'll help him gather everything before his appointment. Do you know if he needs anything else besides what you mentioned?

To answer your follow-up question - yes, he'll also need:- His own birth certificate- His Social Security card- His ex-wife's Social Security number (if he knows it)- His most recent W-2 or tax return- Direct deposit information (bank account and routing number)And regarding the earnings test: yes, at $58,000 annual income, a significant portion of his benefits would be withheld. However, it's important to understand that money isn't permanently lost. Once he reaches his Full Retirement Age, SSA recalculates his benefit amount to credit back the months when benefits were withheld.Given his situation, he should still apply now so SSA can calculate his exact benefit amounts under different scenarios. It might still be worthwhile to claim, even with the reductions.

Thanks again for all this information! I'm going to help him gather all these documents and get an appointment set up. It's good to know that the withheld benefits aren't completely lost. I think he'll feel better knowing all his options.

Just to throw another option out there - if your brother is in bad health or has a family history of shorter lifespan, taking benefits earlier might make more sense even with the reductions. It takes about 12-14 years for the higher FRA benefit to break even with taking reduced benefits at 62.

That's a good point about health considerations! Also, something I learned in my situation - if his ex-wife was receiving disability or had higher earnings, the survivor benefit might be substantially more than expected. My ex had been on SSDI for years before passing, which resulted in a higher survivor benefit for me than I anticipated.

Update: I talked with my brother and showed him all your helpful responses. He's going to apply for survivor benefits next week! We're gathering all his documents now.One last question - if he gets approved, how long typically before he would receive his first payment? And would he get any backpay since his ex passed away 2 years ago?

Typically, it takes about 1-2 months after approval to receive the first payment. As for backpay, he can receive benefits for up to 6 months retroactively from the date of application (not from her death date), but no earlier than the month he turned 62. So if he just turned 62, backpay would only be from that month forward. If he's been 62 for over 6 months, he could receive up to 6 months of backpay.I'm glad he's moving forward with applying! Be sure he specifically asks about the strategy of taking survivor benefits now and his own retirement later - sometimes SSA reps don't automatically explain all options unless specifically asked.

Thank you! I'll make sure he knows to ask specifically about that strategy. I appreciate everyone's help so much - this group has been incredibly informative!