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can an ex spouse collect social security death benefits

by Aurore Stracke V 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.

Will I get my ex-husband's social security when he dies?

A: Yes, your spousal Social Security benefits you currently receive will convert to survivor benefits at the time of your ex-husband's death, according to David Cechanowicz, director of education at Social Security Timing.

Do spouses get Social Security after death?

When a spouse passes away, the surviving spouse generally has two Social Security benefit options. The surviving spouse can choose to receive his or her retirement benefits or the survivor benefits based on the deceased spouse’s work record.

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.

When a husband dies does the wife get his social security?

A widow qualifies to collect her husband’s Social Security benefit if the survivor is at least age 60 and was married for at least nine months at the time of death. In certain circumstances the widow will receive benefits earlier than age 60.

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Can ex wife get survivor benefits?

Can I collect Social Security survivor benefits when my ex-spouse dies? You qualify for survivor benefits on the work record of a late ex-husband or ex-wife if: The marriage lasted at least 10 years.

How much of my ex husband's Social Security will I get when he dies?

If you are at or above full retirement age, you will receive 100% of your deceased ex-spouse's SSDI or retirement benefit. 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 do I apply for my deceased ex husband's Social Security?

Form SSA-10 | Information You Need to Apply for Widow's, Widower's or Surviving Divorced Spouse's Benefits. You can apply for benefits by calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.

How much does a surviving divorced spouse get from Social Security?

Widow or widower, full retirement age or older—100% of your benefit amount. Widow or widower, age 60 to full retirement age—71½ to 99% of your basic amount. A child under age 18 (19 if still in elementary or secondary school) or has a disability—75%.

Can a divorced woman collect Social Security from deceased ex husband?

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.

Can a divorced woman get part of her ex husband's Social Security?

Social Security Benefits for Divorced Women Thus, divorced women receive Social Security benefits either as retired workers, divorced spouses, or surviving divorced spouses. They can also receive widow benefits from a prior marriage that ended in widowhood.

When your ex husband dies Are you a widow?

If her ex-husband is deceased, essentially the same eligibility rules would apply, except that she could get benefits as early as 60. By the way, you are right when you said that a woman whose ex-husband dies is technically not his widow. And Social Security law recognizes that, too.

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 is entitled to death benefits in Social Security?

Who gets a Social Security death benefit? Only the widow, widower or child of a Social Security beneficiary can collect the $255 death benefit, also known as a lump-sum death payment.

How old do you have to be to claim your ex-spouse?

However, if this is the case, the divorce must be at least two years old. (There is no such requirement if your ex is already receiving benefits.)

How long do you have to be married to collect spousal benefits?

You are eligible to collect spousal benefits on a living former wife’s or husband’s earnings record as long as: The marriage lasted at least 10 years. You have not remarried. You are at least 62 years of age. Your ex-spouse is entitled to collect Social Security retirement or disability benefits . Your former spouse doesn't have to be collecting ...

How long does a marriage last?

The marriage lasted at least 10 years. You have not remarried. You are at least 62 years of age. Your ex-spouse is entitled to collect Social Security retirement or disability benefits . Your former spouse doesn't have to be collecting his or her retirement benefits yet for you to claim ex-spousal benefits.

Who Is Eligible?

You must still be single to claim benefits based on your ex-spouse's earnings record. Your ex-spouse's current marital status has no impact.

Social Security Benefits

The maximum amount of Social Security benefits you can receive based on an ex-spouse's record is 50% of what your ex-spouse would get at their full retirement age. This varies based on their year of birth. The spousal benefit amount is further decreased if you file before you reach your own full retirement age. 3

Survivors Benefits Explained

If your ex-spouse has died, you may collect survivor's benefits. These follow different rules than those for a living ex-spouse. You can apply for benefits as early as age 60. If you remarry after you reach age 60, or age 50 if you are disabled, you will still be able to claim these benefits.

What About Unmarried Children?

An unmarried child of the deceased may be able to receive benefits if one of the following applies:

Frequently Asked Questions (FAQs)

Even if you are divorced, you are eligible for up to 50% of your ex-spouse's benefits as long as you meet the qualifications described above. If you qualify for your ex's benefits and your own, you can claim the higher amount. 9

What happens if you remarry after 60?

If you remarry after age 60, there is no effect on your ability to claim Social Security benefits on your deceased spouse.

When do you start receiving survivors benefits?

If you start a survivors benefit at age 60 , the benefit will be reduced from it’s full amount. To receive the full amount, you would have to wait until your Full Retirement Age (FRA) to start your benefit. You can learn more about what your Full Retirement Age is here.

What happens to Colleen's check if she dies first?

If Colleen passes first, the $1,500 check also goes away. No matter what happens, when one part of the couple dies, there will be a significant loss of income. We recommend everyone in retirement have at least $25,000 worth of life insurance to make up for this immediate loss of income.

Can a widow get Social Security if she dies?

When a Social Security beneficiary dies, their widow or widower can be eligible for benefits on their deceased spouse’s record. These benefits can start earlier than normal Social Security benefits, which is a lifesaver for many people who need to fill the income gap that’s created by a deceased spouse. Starting widows or widowers benefits early ...

Can you collect survivors benefits if you are divorced?

Many divorcees will collect their own benefit, and when their ex-spouse passes, switch to collecting survivors benefits. For example, Janet was married to Chris for 30 years, they divorced, and Janet never remarried.

Why the 10-year mark is so important

For couples planning a divorce, the 10-year Social Security rule can make a huge difference.

What happens if your ex-spouse dies

If your ex-spouse dies, you may qualify for what’s known as a death benefit, which is worth up to 100% of the monthly checks they received. Again, the 10-year marriage rule applies in this case.

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

There are other rules, of course. You must have been married to your ex-spouse for 10 years or more .

How long do you have to be married to collect unemployment benefits?

You must have been married to your ex-spouse for 10 years or more. If you’ve remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death.

Can thinking about an ex-spouse be emotional?

No doubt about it — thinking of an ex-spouse can be emotional. And, if your finances have changed for the worse since the breakup, even more emotions can surface.

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 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.

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 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 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.

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 ...

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 ).

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 .

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 to report a death to the funeral home?

You should give the funeral home the deceased person’s Social Security number if you want them to make the report. If you need to report a death or apply for benefits, call 1-800-772-1213 (TTY 1-800-325-0778 ). You can speak to a Social Security representative between 8:00 am – 5:30 pm. Monday through Friday.

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.

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.

What to do if you are not getting survivors benefits?

If you are not getting benefits. If you are not getting benefits, you should apply for survivors benefits promptly because, in some cases, benefits may not be retroactive.

Can you report a death online?

However, you cannot report a death or apply for survivors benefits online. In most cases, the funeral home will report the person’s death to us. You should give the funeral home the deceased person’s Social Security number if you want them to make the report. If you need to report a death or apply for benefits, ...

Can you get survivors benefits if you die?

The Basics About Survivors Benefits. Your family members may receive survivors benefits if you die. If you are working and paying into Social Security, some of those taxes you pay are for survivors benefits. Your spouse, children, and parents could be eligible for benefits based on your earnings.

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Who Is Eligible?

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You must still be single to claim benefits based on your ex-spouse's earnings record. Your ex-spouse's current marital status has no impact. If you have remarried, you cannot claim your ex's benefits. If you get married while you are receiving benefits, your eligibility will come to an end. But if this later marriage en…
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Social Security Benefits

  • The maximum amount of Social Security benefits you can receive based on an ex-spouse's record is 50% of what your ex-spouse would get at their full retirement age. This varies based on their year of birth. The spousal benefit amount is further decreased if you file before you reach your own full retirement age.3 If you have an idea of what your ex-spouse earned and their date of bir…
See more on thebalance.com

Survivors Benefits Explained

  • If your ex-spouse has died, you may collect survivor's benefits. These follow different rules than those for a living ex-spouse. You can apply for benefits as early as age 60. If you remarry after you reach age 60, or age 50 if you are disabled, you will still be able to claim these benefits. If you are disabled, and your ex-spouse has died, you ca...
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What About Unmarried Children?

  • An unmarried child of the deceased may be able to receive benefits if one of the following applies: 1. They are younger than 18 years of age; or, they are up to age 19, if they are a full-time student in an elementary or secondary school. 2. They are age 18 or older with a disability that began before the age of 22.8
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