Social Security survivor benefits after divorce - Can I get my ex's full benefit instead of my own?

Yes, as a divorced spouse, you may be eligible for survivor benefits based on your ex-husband's work record if: - Your marriage lasted at least 10 years (yours was 22 years, so you qualify) - You are at least 60 years old (or 50 if disabled) - You have not remarried before age 60 - The benefit you'd receive as a survivor is higher than your current benefit When an ex-spouse passes away, you can receive up to 100% of their full retirement benefit amount if you wait until your full retirement age (FRA). Since you're already receiving your own benefit, SSA would pay the difference to bring you up to the higher amount. You don't need anything special in your divorce decree to qualify for these benefits. The fact you were married 10+ years and haven't remarried is what matters for eligibility.

The exact same thing happened to me last year! My ex died and I had NO idea I could get his benefit instead of mine. I was getting about $1280 and now I get over $2600! The SSA doesn't automatically tell you about this - I only found out because my daughter suggested I call and ask. When you find out your ex has passed (and I know this is awkward), call Social Security right away. I waited 4 months and they only gave me 6 months of back payments. Could have gotten more if I'd known to apply immediately. Make sure you have your marriage certificate and divorce decree ready when you call SSA. They asked me for both.

my aunt tried to get my uncles benefits after he died but they were divorsed for 30 years and she remarried breifly so they denied her. some thing about if you remarry before 60 you cant get ex spouce benefits. you said you never remarried so your good to go

Just to add a bit more detail to what others have said - there's an important distinction between DIVORCED SPOUSE benefits (while your ex is alive) and SURVIVING DIVORCED SPOUSE benefits (after they pass away). While your ex is alive: You can collect up to 50% of his FRA benefit amount (and you'd need to be at your own FRA to get the full 50%). After your ex passes away: You can collect up to 100% of what he was receiving. Since you're already collecting your own benefit, you'd only be paid the difference if his benefit is higher. And yes, you would need to APPLY for these benefits - the SSA won't automatically switch you over, even if they know about your previous marriage.

Exactly right! Though there are a few more details: 1. For the 50% divorced spouse benefit while he's alive, you need to be at your full retirement age to get the full 50%. Since you started your own benefits early at 62, you'd get a reduced amount. 2. You can only apply for divorced spouse benefits if your ex has already filed for his own benefits OR if you've been divorced for at least 2 years. 3. For survivor benefits after he passes, if you're already at your FRA when you apply, you'd get 100% of his benefit. If not, it would be reduced.

I tried calling SSA for THREE DAYS to ask these exact questions when my ex-husband died last year. Constant busy signals or being put on hold for hours only to get disconnected. I finally found a service called Claimyr (claimyr.com) that got me connected to a real person at SSA in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Saved me so much frustration and I was able to get my survivor benefits application started right away instead of waiting weeks for an appointment. Just wanted to share since dealing with SSA can be such a headache, especially for survivor benefit questions that really need a knowledgeable agent.

THE SSA INTENTIONALLY MAKES THESE RULES CONFUSING!!!!! They don't want to pay what we deserve after working all our lives. My sister's ex died and SSA LIED to her saying she couldn't get his benefits because they'd been divorced more than 5 years - TOTALLY FALSE!!!! She had to get her congressman involved to fix it. DONT TRUST WHAT SSA TELLS YOU THE FIRST TIME. Ask to speak to a supervisor and get EVERYTHING in writing!!!!!

does anyone know if this works the same for same-sex marriage? my friend got divorced from her wife and wants to know

One more important thing nobody mentioned - when your ex passes away, you'll need his Social Security number to file for survivor benefits. If you don't have it or don't remember it, the SSA can usually find his record using his name and date of birth, but having the SSN makes the process much smoother. Also, you'll need to provide his death certificate when you apply, so keep that in mind for when the time comes.

my mom got my dads full benefit when he died and they were married when he passed but she had to be 60 to get it i think. they told her if she remarried she'd lose it so she never did even though she had a boyfriend for 15 years lol

This is such valuable information - thank you everyone for sharing your experiences! I had no idea about any of these rules. It sounds like I should definitely keep my marriage certificate and divorce decree in an easily accessible place, and maybe write down my ex's SSN if I can find it. One follow-up question: since I'm already 64 and collecting my own reduced benefit (started at 62), would it make sense to look into applying for divorced spouse benefits now while he's alive? Or would that complicate things later when applying for survivor benefits? I don't want to mess anything up by applying for the wrong thing at the wrong time. Also, is there any way to find out what his current benefit amount is without contacting him directly? We really haven't spoken since the divorce and I'd prefer to keep it that way.