< Back to Social Security Administration

Social Security rep says divorced widow only gets 50% survivor benefits - is this wrong?

I'm so confused after my filing appointment with SSA. I submitted a restricted application for survivor benefits at my full retirement age (FRA). My situation: I was married for 10.5 years before divorcing, I'm still working full-time, and became eligible for survivor benefits in January 2025. Here's the problem - the SSA rep insists I'm only eligible for 50% survivor benefits (not the full 100%) because I was divorced and wasn't married to my ex when he passed away. This seems completely wrong to me! Everything I've researched says divorced surviving spouses can get full survivor benefits if the marriage lasted at least 10 years. Has anyone else encountered this? Is the SSA rep mistaking divorced spouse benefits (50%) with survivor benefits (100%)? I'm worried they're going to process my application incorrectly and I'll get significantly less than I'm entitled to.

Miguel Harvey

•

The SSA representative is incorrect. As a divorced surviving spouse who was married for at least 10 years, you ARE entitled to 100% of your deceased ex-spouse's benefit at your FRA, not 50%. What the rep is confusing is divorced spouse benefits (which are 50% while the ex is alive) with survivor benefits (which are 100% after the ex passes away). This is a common mistake even among SSA employees. Print out the relevant sections from SSA's own POMS manual (GN 00204.045) which clearly states divorced widow(er)s can receive the same benefit rate as a widow(er) if the marriage lasted at least 10 years. Bring this to another appointment and request a supervisor review your case.

0 coins

Finnegan Gunn

•

Thank you so much for confirming what I thought! Is there a specific SSA publication or webpage I can print out to take with me? I'm worried they'll just dismiss me again if I don't have something official to back me up.

0 coins

Ashley Simian

•

Happens all the time! SSA reps confuse this stuff constantly. Make sure you request a RECONSIDERATION immediately. Don't wait. My sister went through this exact same thing last yr.

0 coins

Finnegan Gunn

•

Good suggestion about the reconsideration! How long did it take for your sister to get her situation straightened out?

0 coins

Oliver Cheng

•

This makes me SO ANGRY!!!! The SSA employees should know their OWN RULES!!! I spent 32 years working for the government and the incompetence is just getting worse. You earned these benefits and deserve every penny. Make sure you get the supervisor's name and employee number when you go back. Document EVERYTHING. The system is designed to make you give up!

0 coins

Taylor To

•

While I understand your frustration, most SSA employees are doing their best with limited resources. There are over 2,700 rules governing Social Security benefits, and it's nearly impossible for any one person to know them all perfectly. The important thing is getting this specific situation corrected.

0 coins

Ella Cofer

•

my cousin had this happen too she got divorced after 12 years and her ex died in a accident. the ssa office told her only 50% then she went to different office and they fixed it. try different office maybe?

0 coins

Kevin Bell

•

The SSA rep is definitely mixing up two different benefits. Here's exactly what you're entitled to: 1. Divorced SPOUSE benefits (ex is still alive) = 50% of ex's PIA at your FRA 2. Divorced SURVIVOR benefits (ex has died) = 100% of ex's benefit amount at your FRA Since you were married more than 10 years and are at FRA, you qualify for the full 100% survivor benefit. You're smart to file a restricted application while continuing to work, as your own retirement benefit can continue growing until age 70. I recommend calling the SSA directly to get this fixed. You might spend hours on hold though. When I helped my client with a similar issue, we used Claimyr (claimyr.com) to connect with an agent quickly. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. It saved so much frustration.

0 coins

Finnegan Gunn

•

Thank you for breaking it down so clearly! I've been on hold with SSA for hours without getting through. I'll check out that Claimyr service - at this point I'd try anything to get a human on the phone who can actually help me.

0 coins

Savannah Glover

•

Have you considered that maybe the rep was looking at your ex's record and saw something that might reduce benefits? Maybe he had a government pension or something? Just thinking there might be more to the story...

0 coins

Finnegan Gunn

•

He worked for a private company his entire career, no government pension involved. But that's a good point that there could be other factors. I'll ask about that specifically when I speak with them again.

0 coins

Miguel Harvey

•

I want to add something important regarding your restricted application strategy. Since you mentioned you're working, filing for survivor benefits at FRA while delaying your own retirement benefit is an excellent approach. Your own benefit will increase by 8% per year until age 70, while you collect full survivor benefits now. Many SSA reps also get confused about restricted applications since the law changed in 2015, but divorced widow(er)s can still use this strategy. Make sure this is clearly documented in your application as well.

0 coins

Ella Cofer

•

wait im confused. if shes divorced why does she get anything at all? my friend got divorced and she didnt get anything from her ex

0 coins

Taylor To

•

Your friend's situation is likely different. For divorced spouse or divorced survivor benefits, the marriage must have lasted at least 10 years. The original poster was married for 10.5 years, so she qualifies. Additionally, there are different rules depending on whether the ex-spouse is alive (divorced spouse benefits = 50%) or deceased (divorced survivor benefits = 100%).

0 coins

Finnegan Gunn

•

Update: I called SSA this morning and spoke with a different representative. She immediately confirmed what everyone here said - I AM entitled to 100% survivor benefits as a divorced widow since we were married over 10 years! She apologized for the confusion and said she'd make notes in my file to make sure it's processed correctly. Thank you all for your help - I would have accepted the incorrect 50% if I hadn't checked here first!

0 coins

Ashley Simian

•

Good for you!!! Always double check what they tell you. Glad you got it straightened out!

0 coins

Kevin Bell

•

Great news! One more thing to consider: make sure you request a benefit verification letter after everything is processed. This will show your correct benefit amount and serve as documentation in case there are any future questions. You can request this through your my Social Security account online or by calling SSA directly.

0 coins

Finnegan Gunn

•

That's excellent advice - I'll definitely request that verification letter once everything is processed. I want documentation of the correct benefit amount for my records.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,859 users helped today