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can a divorced spouse collect social security survivor benefits

by Dr. Damon Metz Published 2 years ago Updated 1 year ago
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If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. Benefits paid to you as a surviving divorced spouse won't affect the benefit amount for other survivors getting benefits on the worker's record.

How to calculate Social Security survivor benefits?

There are three basic steps:

  • Adjust historical earnings for inflation.
  • Get monthly average from the highest 35 years
  • Apply monthly average to benefits formula

How much does social security pay a surviving spouse?

  • A widow or widower age 60 or older (age 50 if they are disabled) provided that they have not remarried
  • A widow or widower at any age who is caring for the child (under age 16 or disabled) of the deceased
  • A child of the deceased who is under 18 (19 if enrolled as a full-time student in elementary or secondary school)

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What do I need to know about Social Security survivor benefits?

Monthly survivor benefits are available to certain family members, including: 1  A widow (er) age 60 or older (age 50 or older if they are disabled) who has not remarried A widow (er) of any age who is caring for the deceased's child (or children) under age 16 or disabled An unmarried child of the deceased who is younger than age 18 (or up to age 19 if a full-time student in an elementary or secondary school), or 18 or ... More items...

What happens if your spouse dies Social Security?

Social Security will pay you either your retirement benefits or survivor benefits, whichever amount is higher. Also, if your spouse died young enough that you remarried before you turned 60, you won’t be able to collect a widow/widowers benefit. If you wait until after you turn 60, you can get the benefits.

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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.

Is an ex wife entitled to survivor benefits?

Amount of Divorced Spouse's Survivors Benefit If you are between the ages of 50 and 59 and disabled, you will receive 71.5% of your deceased ex-spouse's SSDI or retirement benefits. You must have become disabled before your ex-spouse died or within seven years of their death.

Can I collect my deceased ex-spouse's Social Security and my own at the same time?

Social Security will not combine a late spouse's benefit and your own and pay you both. When you are eligible for two benefits, such as a survivor benefit and a retirement payment, Social Security doesn't add them together but rather pays you the higher of the two amounts.

What percent of Social Security does a divorced spouse get?

50 percentThe 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.

Who is not eligible for Social Security survivor benefits?

Widowed spouses and former spouses who remarry before age 60 (50 if they are disabled) cannot collect survivor benefits. Eligibility resumes if the later marriage ends. There is no effect on eligibility if you remarry at 60 or older (50 or older if disabled).

Who can claim Social Security survivor benefits?

A widow or widower can receive benefits: At age 60 or older. At age 50 or older if disabled. At any age if they take care of a child of the deceased who is younger than age 16 or disabled.

What is the difference between survivor benefits and widow benefits?

It is important to note a key difference between survivor benefits and spousal benefits. Spousal retirement benefits provide a maximum 50% of the other spouse's primary insurance amount (PIA). Alternatively, survivors' benefits are a maximum 100% of the deceased spouse's retirement benefit.

How long does a spouse get survivors benefits?

Widows and widowers Generally, spouses and ex-spouses become eligible for survivor benefits at age 60 — 50 if they are disabled — provided they do not remarry before that age. These benefits are payable for life unless the spouse begins collecting a retirement benefit that is greater than the survivor benefit.

Do ex spouses of deceased veterans get benefits?

Survivors Pension Surviving spouses of deceased veterans are eligible for tax-free monthly pension benefits if they meet certain net worth and income requirements set by Congress. Those unable to work or perform daily activities can also receive a supplemental allowance.

Can ex wife claim my pension years after divorce?

Though a pension can be divvied up between spouses during divorce, that division isn't automatic. Your soon-to-be ex would have to make a specific request for a share of whatever you've accumulated before the divorce is finalized.

What is this program?

Social Security's Surviving Divorced Spouse Benefits are federally funded and administered by the U.S. Social Security Administration (SSA). These...

Who is eligible for this program?

To be eligible for this benefit program, you must meet all of the following requirements: Be at least age 60. Be divorced from the deceased worker....

How do I apply for this program?

Widows, widowers, and surviving divorced spouses cannot apply online for survivor’s benefits. For application information, please visit the How To...

How can I contact someone?

Visit SSA's Publications Page for detailed information about SSA programs and policies.You may also contact Social Security by phone at: 1-800-772-...

What happens if my ex spouse's Social Security benefits are higher?

If the benefit on your ex-spouse's record is higher, you will get an additional amount so that the combination of benefits equals that higher amount. 1. If you were born before January 2, 1954, ...

How to apply for divorce benefits?

How to Apply for Benefits as a Divorced Spouse. You can apply for benefits online by going to SSA.gov, or making an appointment at your local Social Security office. To apply for benefits on a former spouse's work record, you will need to have that person's Social Security number or date and place of birth and parents’ names. 7.

How long do you have to be married to collect Social Security?

To collect Social Security benefits based on a former spouse's earnings record, a divorced spouse must meet these requirements: You must have been married to that spouse for 10 years or more . You must be at least age 62. You cannot currently be married.

How old do you have to be to get a divorce?

The marriage must have lasted for at least 10 years, and the divorced spouse must be at least 62 years old. If the requirements are met, the divorced spouse can receive an amount equal to as much as 50% of their ex's benefits.

How long can I get Social Security if I was married?

If you were married for at least 10 years , you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit.

Can a spouse receive survivor benefits if they are divorced?

If the spouse is deceased, the former partner may be eligible for a survivor's benefit of up to 100% of that amount. In either case, the divorced spouse must have reached full retirement age in order to receive the full (50% or 100%) benefit.

Can I apply for Social Security if my spouse is divorced?

When you apply for spousal benefits as a divorced spouse, Social Security will assume you are also applying for benefits on your own work record, and you'll be eligible for the higher amount of the two. If your benefit is lower, Social Security will first pay you an amount based on your record, then make up the difference between ...

What is the full retirement age for a divorced spouse?

Full retirement age is 65 for those born before 1940 and increases incrementally to 67 for those born after 1962.

How old do you have to be to get Social Security if your spouse dies?

You're at least 60 years old, or 50 if disabled. You haven't remarried before the age of 60.

What happens if my ex-spouse remarries?

If 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. Thank you for subscribing!

What happens if you remarry after 60?

Before the age of 60, or 50 if you're disabled, any remarriage means you will no longer be entitled to survivor benefits should your ex-spouse die. After the age of 60, or 50 if you're disabled, your new marriage won't impact your eligibility for survivor benefits. If you're re-married after 60 and your new spouse passes away, ...

How much survivor benefits do you get if you have a child?

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.

Can you receive survivor benefits before full retirement?

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 ...

Can surviving spouses receive survivor benefits?

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.

How much of my spouse's SSDI will I get if I die?

If you are between the ages of 60 and full retirement age, you will receive in the range of 71.5% to 99% of your deceased ex-spouse's SSDI or retirement benefit.

How much of my deceased spouse's SSDI will I get?

If you are caring for a child under the age of 16 years old who is receiving SSDI or retirement benefits on your deceased ex-spouse's record, you will receive 75% of your deceased ex-spouse's SSDI or retirement benefit, subject to the maximum family benefit.

How old do you have to be to get Social Security?

60 years old or older. disabled and between the ages of 50 and 60 (if the disability occurred within seven years of the death ), or. caring for your ex-spouse's child under the age of 16 who is receiving Social Security benefits on your ex-spouses's record (this is called the mother's or father's benefit).

Does Social Security pay for deceased spouse's benefits?

If you are eligible for benefits on your own record that are less than the benefits you would receive on your deceased ex-spouse's record, Social Security will pay you your own benefits plus the difference between the amount of your benefits and what the benefit based on your deceased ex-spouse's benefits would be.

Can an ex wife receive Social Security?

Social Security Disability Insurance (SSDI) provides surviving ex-spouses with almost the same benefits as widows. If your ex-husband or ex-wife was disabled and receiving Social Security Disability Insurance (SSDI) benefits and then died, you may be to receive benefits as a surviving ex-spouse.

Does Social Security count towards family benefit?

In other words, it doesn't count toward the maximum family benefit. But if you are receiving a surviving ex-spouse benefit based on the fact that you are caring for a child under 16 years old who is also receiving Social Security benefits based on your deceased ex-spouse's record, the amount you receive will count towards the total family limit.

Can I collect Social Security after my ex-wife dies?

To collect Social Security benefits after your ex-spouse dies, your ex-spouse had to have been collecting SSDI ( or Social Security retirement) benefits at the time of death. Also, you must still be unmarried (with some exceptions—see below), and: caring for your ex-spouse's child under the age of 16 who is receiving Social Security benefits on your ...

How long do you have to wait to receive Social Security if you die?

If the eligible surviving spouse or child is not currently receiving benefits, they must apply for this payment within two years of the date of death. For more information about this lump-sum payment, contact your local Social Security office or call 1-800-772-1213 ( TTY 1-800-325-0778 ).

What percentage of a widow's benefit is a widow?

Widow or widower, full retirement age or older — 100 percent of the deceased worker's benefit amount. Widow or widower, age 60 — full retirement age — 71½ to 99 percent of the deceased worker's basic amount. A child under age 18 (19 if still in elementary or secondary school) or disabled — 75 percent.

How much can a family member receive per month?

The limit varies, but it is generally equal to between 150 and 180 percent of the basic benefit rate.

Can I apply for survivors benefits now?

You can apply for retirement or survivors benefits now and switch to the other (higher) benefit later. For those already receiving retirement benefits, you can only apply for benefits as a widow or widower if the retirement benefit you receive is less than the benefits you would receive as a survivor.

When can I switch to my own Social Security?

If you qualify for retirement benefits on your own record, you can switch to your own retirement benefit as early as age 62 .

Can a widow get a divorce if she dies?

If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. Benefits paid to you as a surviving divorced spouse won't affect the benefit amount for other survivors getting benefits on the worker's record.

Can a minor receive Social Security?

Minor Or Disabled Child. If you are the unmarried child under 18 (up to age 19 if attending elementary or secondary school full time) of a worker who dies, you can be eligible to receive Social Security survivors benefits. And you can get benefits at any age if you were disabled before age 22 and remain disabled.

What age can an ex-spouse receive Social Security?

You are unmarried. You are age 62 or older . Your ex-spouse is entitled to Social Security retirement or disability benefits. The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse’s work.

What percentage of my spouse's Social Security benefits are at 62?

63 is about 25 percent. 64 is about 20 percent. 65 is about 13.3 percent. 66 is about 6.7 percent. If you start receiving spouse’s benefits at age 62, your monthly benefit amount is reduced to about 32.5 percent of the amount your spouse would receive if their benefits started at full retirement age.

How long do you have to be married to collect Social Security benefits?

To get these benefits, you must: Have been married for at least 10 straight years. You are at least 62 years old.

How much do widows get from a divorce?

A divorced widow or widower, age 60 will receive up to 99% of the deceased worker’s basic amount. Disabled and divorced widow or widower aged 50 through 59 would receive 71½%.

What happens if you delay your retirement?

If you delay your retirement benefits until after full retirement age, you also may be eligible for delayed retirement credits that would increase your monthly benefit. Here’s a comparison of how retirement works drawing your own benefits vs. drawing a spouse’s benefits if your full retirement is at age 67.

How old do you have to be to get ex spouse's Social Security?

You must be at least 62 years old.

Can a widow get a divorce if she dies?

If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. Your benefits as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record.

Program Description

Are you divorced from an ex-spouse who died? If so, you may qualify for benefits as a surviving divorced spouse.

Application Process

Visit the Widow or Widower and Surviving Divorced Spouse pages for details on how to apply.

How long can a divorced spouse collect Social Security?

Divorced Spouse Social Security: New Rules. The basic rules for divorced spouses and Social Security say that if an individual was married for at least 10 years and then divorced, they are eligible to collect spousal benefits on the earnings record of their ex-spouse as long as they are at least age 62 and currently single.

How old do you have to be to get a divorced spouse's benefits?

Divorced spouses who are caring for their deceased spouse's natural or legally adopted child who is younger than age 16—or disabled and entitled to benefits—can apply at any age. However, the benefits will last only until the child reaches age 16 or is no longer disabled.

When can I switch over my Social Security to my own?

Divorced spouses can file for survivor benefits as early as age 60 (age 50 if they are disabled) and switch over to their own benefit as early as age 62.

When can I file for survivor benefits?

They also have the option of filing for their own benefit first, as early as age 62, then filing for survivor benefits when they reach full or "normal" retirement age (66 to 67 for most people) if that will result in a higher benefit. 7 .

Can I apply for Social Security based on my ex spouse's earnings?

Which set of rules applies depends on the applicant's date of birth.

Can a divorced spouse file for Social Security at the same time?

However, under the new rules, divorced spouses who were born on or after Jan. 2, 1954, are now deemed to be filing for all available benefits (spousal as well as their own) at the same time when they apply for Social Security.

How long do you have to be married to receive Social Security?

For a divorced spouse, the marriage must have lasted at least 10 years. Eligible spouses and ex-spouses can receive up to 100 percent of the late beneficiary's monthly Social Security payment, ...

What is the minimum age to file for survivor benefits?

You can file for survivor benefits earlier — the minimum age is 60 in most cases — but your monthly benefit will be reduced by as much as 28.5 percent.

Can a widower and a divorced ex-spouse draw survivor benefits?

A widow or widower and a divorced ex-spouse (or multiple ex-spouses) can draw survivor benefits on the same person's earnings record without affecting what the other receives. Updated May 21, 2021.

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