Can my boyfriend claim survivor benefits from ex-wife's Social Security if he took early retirement at 62?
My boyfriend is 77 and started collecting his Social Security when he was 62. His ex-wife (they were married for 20 years) was the higher wage earner and waited until her full retirement age to start her benefits. Unfortunately, she's now in hospice and her health is declining rapidly. I'm trying to understand if my boyfriend would be eligible for any portion of her Social Security benefits as a surviving divorced spouse if she passes away. We've been told different things by friends - some say because he took his benefits early at 62, he's permanently reduced whatever survivor benefits he might get. Others say that doesn't matter for survivor benefits. Neither of them ever remarried after their divorce. Does anyone know what happens in this situation? Would he need to apply for survivor benefits or would it be automatic? Any guidance would be appreciated during this difficult time.
18 comments
KylieRose
sorry ur going thru this. my cousin was in similar spot. think he CAN get them but only if her benefit was bigger than what he gets now. they dont add together, he just gets the higher amount.
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Aaliyah Jackson
•Thank you for the response. So he wouldn't get both his current benefit AND something from hers? Just the higher of the two? That makes sense but wasn't what I was hoping for.
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Miguel Hernández
Yes, your boyfriend would likely qualify for surviving divorced spouse benefits since they were married for over 10 years (the minimum required is 10 years) and he hasn't remarried. The fact that he took his own retirement benefits at 62 doesn't prevent him from receiving survivor benefits, but it does affect how they're calculated. Here's how it would work: - He would be eligible to receive the higher of either his current benefit or up to 100% of what his ex-wife was receiving - Since he's over full retirement age (which is currently 66-67 depending on birth year), the early filing reduction only applies to his own retirement benefit, not to survivor benefits - He would need to apply for the survivor benefits - it's not automatic - He should contact SSA as soon as possible after her passing as benefits can only be paid from the time of application in most cases One important note: There's a time limit for filing. He should contact SSA within 30 days of her passing to ensure he doesn't miss out on any benefits he's entitled to.
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Aaliyah Jackson
•Thank you so much for this detailed explanation! It helps clarify things. So if I understand correctly, if her benefit was $2,200/month and his current benefit is $1,800/month, he could potentially receive her higher amount instead? Would he need to provide a death certificate when applying?
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Sasha Ivanov
Went through this with my dad last year. You're getting some good advice already but wanted to add that your boyfriend should DEFINITELY apply for the survivor benefits! My dad didn't know he could get his ex-wife's higher benefit and missed out on almost 6 months of higher payments because nobody told him to apply right away.
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Aaliyah Jackson
•Oh that's terrible that your dad missed out on those payments! I'll make sure my boyfriend applies right away. Did your dad have to go to an SSA office in person or could he do it by phone?
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Liam Murphy
The previous responses are correct. I'd like to add a few technical details that might help: 1. This is specifically called "Surviving Divorced Spouse's Benefits" in SSA terminology 2. The exact amount he'll receive depends on multiple factors, but the general rule is he'll receive the higher of: - His own retirement benefit - Up to 100% of her Primary Insurance Amount (PIA) or what she was receiving, whichever is higher 3. Taking his own benefits at 62 created a permanent reduction to his retirement benefit (probably about 25-30% less than his full amount), but that reduction doesn't affect survivor benefits 4. He'll need to provide documentation including: marriage certificate, divorce decree, and her death certificate when it's available 5. There's a one-time death benefit of $255 he may also be eligible for I recommend he schedule an appointment with SSA after her passing. The earliest he can apply is the month of her death.
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Amara Okafor
•The SSA is IMPOSSIBLE to reach by phone these days!!! I tried helping my sister apply for widow benefits and we spent HOURS on hold only to get disconnected TWICE. It was so frustrating that she almost gave up on claiming benefits she deserved!!
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Amara Okafor
When my husband's ex passed away, we had to call Social Security about 25 TIMES over THREE DAYS!!! Each time we'd wait on hold for 1-2 hours and then either get disconnected or told we needed to speak to a different department!!! IT WAS INFURIATING!!! The survivor benefit amount was worth it in the end, but dealing with the SSA phone system is absolute TORTURE!!!
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CaptainAwesome
•I found a service called Claimyr that helped me get through to Social Security without the wait. Worked really well when I needed to sort out my mom's survivor benefits. They connect you directly to an SSA agent and you get a call back when an agent is available. Saved me hours of frustration. Check out their video demo at https://youtu.be/Z-BRbJw3puU or their website claimyr.com. Made the whole process so much less stressful during an already difficult time.
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Yuki Tanaka
wait im confused... someone said he can get 100% of her benefit? i thought survivor benefits were reduced if you claim early? or is that only if HE dies? the rules are so confusing!!
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Miguel Hernández
•You're confusing two different things: 1. When you take your OWN retirement benefits early (before FRA), they are permanently reduced 2. When you take SURVIVOR benefits early (before your FRA), those are reduced But in this case, the boyfriend is already 77, well past his FRA. Since he's beyond FRA, he can receive 100% of his ex-wife's benefit amount (assuming it's higher than his own). The fact that he took his own benefits early at 62 only affected his own retirement benefit, not any potential survivor benefits. They are confusing rules, so your question is completely understandable!
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Aaliyah Jackson
Thank you all for the helpful information. I'm taking notes on everything so we can be prepared. Just to clarify something I'm still confused about - if he does qualify for her higher benefit amount, would his own benefit amount just stop completely and be replaced by hers? Or would he get some combination of the two?
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Liam Murphy
•He won't receive both benefits added together. Social Security will pay the higher of the two amounts. So if his current benefit is $1,800 and her benefit would provide him with $2,200, he would receive $2,200 total (an increase of $400/month over what he currently gets). Technically, he'll still receive his own retirement benefit, and then a partial survivor benefit that brings the total up to the higher amount. But from his perspective, he just gets the higher of the two amounts.
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KylieRose
btw make sure he brings ID and the marriage certificate if he still has it when he applies. my uncle forgot his and had to go back a second time
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Aaliyah Jackson
•Good tip! I'll make sure he gathers all that paperwork now. He probably has the divorce decree somewhere too. I'll help him look for everything.
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Sasha Ivanov
Also just wanted to say... I'm sorry about his ex-wife's condition. Even though they're divorced, I know it can still be emotional when someone you shared that much life with is in hospice. Sending good thoughts to everyone involved.
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Aaliyah Jackson
•Thank you for your kind words. It is a difficult time. They've remained on civil terms over the years, and he's definitely processing some complex emotions right now.
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