Can my fiancé receive Social Security survivor benefits from ex-spouse while working part-time? What about his son?

If your fiancé is under FRA (full retirement age) and works, there are earnings limits that could reduce his survivor benefits. I think it's around $22,320 for 2025 before they start deducting $1 for every $2 earned above that. For the son, probably not eligible since the deceased wasn't his parent. They usually only pay benefits to biological/adopted children of the deceased.

Just to clarify - your fiancé can only get surviving divorced spouse benefits if he was married to his ex for at least 10 years before they divorced. Was their marriage that long? Also, the earnings limit is based on gross wages before any deductions. And they don't count investment income, just wages from work.

Sorry but i think your fiance is out of luck if they were married less than 10 years. thats a strict rule with survivor benefits for divorced spouses. SSA doesnt budge on that even if it was 9 years and 11 months. And no way his son would qualify since the deceased wasnt his mom. might be best to cancel that appointment and save the time.

I went through something similar. My husband died and his ex tried claiming benefits but they were only married 7 years so she got denied. No exceptions that I know of. But honestly your fiancé should STILL go to the appointment because sometimes there are other benefits people don't know about. Never hurts to ask.

To address your questions clearly: 1) The 10-year marriage duration requirement is indeed necessary for surviving divorced spouse benefits. If they were married less than 10 years, unfortunately, he won't qualify regardless of work status. 2) For the child support situation: His son would only be eligible if the deceased ex-wife had legally adopted him during the marriage. If no legal adoption occurred, the child isn't eligible for survivor benefits based on the ex-wife's record. 3) Regarding part-time work: This only becomes relevant if the marriage duration requirement is met. Then yes, the 2025 earnings limit would apply ($22,320), but since the fundamental eligibility requirement isn't met, the work question is unfortunately moot. I would still recommend keeping the appointment to explore any other potential benefits he might qualify for based on his own work record.

I tried calling SSA for WEEKS about a similar survivorship question!!! Couldn't get through AT ALL. The wait times were 2+ hours and then I'd get disconnected! Finally used a service called Claimyr (claimyr.com) that got me through to an SSA agent in under 5 minutes! They have a demo video showing how it works: https://youtu.be/Z-BRbJw3puU Worth it to get accurate answers directly from SSA rather than guessing. Your situation has enough complications that you really need to speak to someone official about it.

my cousin was in the exact same boat!!!! less than 10 years marriage and ex died. she got NOTHING even though he worked for 30 years!!!! the system is so unfair. they dont care if its 9 years and 364 days they will still say no. its all about following their stupid rules not about whats fair.

Since we've established your fiancé likely won't qualify for survivor benefits based on the marriage duration, he should focus on his own benefits. At his appointment, he should ask about: 1. His own retirement benefit estimates (even if he's years away) 2. Whether he might qualify for any disability benefits if he has health issues 3. If he's caring for any dependent children, there might be other programs As for his 15-year-old son, if the child's biological mother is alive, he might qualify for benefits on her record when she retires, becomes disabled, or passes away. If the biological mother is deceased, the child might already be eligible for survivor benefits based on her record. Always good to understand all options!

quick question - how old is your fiance? if he's close to 60, he might want to start planning for his own retirement benefits anyway. the appointment could be useful for that.

Since your fiancé is 58, here's what he should specifically ask at his appointment: 1. Request his Social Security Statement showing his estimated retirement benefits at different claiming ages (62, FRA, and 70) 2. Ask how additional work years might increase his benefit amount 3. Discuss whether his part-time job will add enough earnings to increase his future benefit 4. Inquire about potential spousal benefits when you two marry (if you're planning to) 5. Understand how the WEP (Windfall Elimination Provision) might affect him if he ever worked in jobs not covered by Social Security Regarding his 15-year-old son: The child may be eligible for benefits on your fiancé's record when he claims retirement benefits. Children can receive up to 50% of the parent's PIA (Primary Insurance Amount) until age 18 (or 19 if still in high school).