A divorce may bring an end to a marriage, but in many cases it doesn't terminate eligibility for important benefits, including Social Security survivor benefits. If you've been divorced, you may receive Social Security survivor benefits should your former spouse die. Social Security survivor benefits for divorced spouses can provide an important source of income as you age. In most cases, your benefits won't reduce the assistance available to the rest of your ex-spouse's remaining family. Show
Who Qualifies for Surviving Divorced Spouse Benefits?If your former spouse has died, you may be entitled to Social Security survivor benefits as a former spouse if you meet the following requirements:
If you meet these requirements, you can receive Social Security survivor benefits equal to that of a surviving widow or widower. The benefits available are based on the contributions your ex-spouse made to Social Security before his or her death, as well as your own age when you begin collecting survivor benefits. A divorced spouse who collects survivor benefits at full retirement age would be entitled to assistance equal to 100% of the deceased ex-husband or ex-wife's benefits. Full retirement age is 65 for those born before 1940 and increases incrementally to 67 for those born after 1962. However, you may begin collecting divorced spouse survivor benefits once you turn 60 years old, or at 50 years if you're disabled. Should you receive earlier benefits, the amount you receive will be reduced. Additionally, if you have a child under age 16 with the deceased and are raising the child, you may be entitled to survivor benefits of 75% of the deceased's benefits, regardless of your age. How Remarrying May Impact Your BenefitsIf your ex-spouse remarries, you won't lose your ability to collect Social Security survivor benefits should he or she die. However, if you remarry, your ability to collect Social Security survivor benefits could be impacted, depending on the age at which you remarry.
How Your Benefits May Impact Other Surviving FamilyFiling for Social Security survivor benefits as a divorced spouse is private and involves only you and the Social Security Administration. The family of your ex-spouse won't be notified should you apply for benefits. There's no limit to the number of people who may receive survivor benefits from a single worker's Social Security account. However, there is a maximum amount that Social Security will pay out: typically between 150 and 180 percent of the worker's monthly benefit. As a surviving divorced spouse, your benefits won't impact the maximum family benefit. This means that, should you collect survivor benefits, your payments can't reduce the benefits available to the deceased's remaining spouses or children. There's only one case where your benefits will impact the maximum survivor benefit: when you're receiving benefits while raising the deceased's young child. In this situation, total benefits may be reduced if the maximum family benefit is reached. If You're Entitled to Your Own Retirement BenefitsYou may choose to collect Social Security survivor benefits after divorce even if you're entitled to your own Social Security retirement benefits. For example, your retirement benefits may be lower than your survivor benefits. You may elect to receive survivor benefits instead. If your retirement benefits are larger than your survivor benefits, you can still receive survivor benefits before you reach full retirement age, then switch to retirement benefits later, at an unreduced rate. If you believe that you're entitled to Social Security survivor benefits as a divorced spouse, consider contacting a qualified Social Security attorney to discuss your options and protect your rights. Back To qualify as a surviving divorced spouse, you must meet the conditions below:
Other terms and conditions may apply. Visit the Widow or Widower and Surviving Divorced Spouse pages for details on how to apply. If you want to apply for disability benefits as a survivor, call the phone number below to make an appointment. To find other Social Security benefits you may qualify for, use the SSA Benefit Eligibility Screening Tool (BEST) on Benefits.gov. When you complete the questionnaire, you get a list of benefits to review. You can print this page for your records. When you know which benefits you may apply for, visit the Apply for Social Security Benefits page to apply online. You can also call the phone number below to learn more about benefits or set up an appointment. Visit the Social Security Contact page to view all of our contact options. Read “Getting Help from Social Security” on the COVID-19 page to learn about our safety protocols. You can also learn about our online and additional services. This includes free interpreter services. To learn more about Social Security, visit our Home page or call us:
Last Updated: 03/15/2022 Who gets Social Security survivor benefits if divorced?If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.
When can a surviving divorced spouse receive Social Security benefits?If you have a surviving divorced spouse, they could get the same benefits as your widow or widower if that marriage lasted 10 years or more. If your surviving divorced spouse qualifies for retirement benefits on their own record, they can switch to their own retirement benefit as early as age 62.
How much Social Security does an exThe most you can collect in divorced-spouse benefits is 50 percent of your former mate's primary insurance amount — the monthly payment he or she is entitled to at full retirement age, which is 66 and 4 months for people born in 1956 and is rising incrementally to 67 over the next several years.
How can I find out my ex husband's Social Security benefits?Call your local office or Social Security's national customer service line (800-772-1213) to make an appointment. You'll need to show your marriage certificate and divorce decree to prove that the union lasted at least 10 years, the basic qualification for ex-spouses to receive benefits.
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Social security benefits for divorced spouse after death
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