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can i claim social security benefits from my deceased ex-husband

by Jocelyn Brown Published 2 years ago Updated 1 year ago

First, to collect Social Security survivors benefits after your ex-spouse dies, your ex-spouse had to have been collecting SSDI

Social Security Death Index

The Social Security Death Index is a database of death records created from the United States Social Security Administration's Death Master File Extract. Most persons who have died since 1936 who had a Social Security Number and whose death has been reported to the Social Security Administration are listed in the SSDI. For most years since 1973, the SSDI includes 93 percent to 96 percent of deaths of i…

or Social Security retirement benefits at the time of their death. Second, survivors benefits are only available to divorced spouses who were married for at least ten years.

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.

Full Answer

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.

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.

Can Your Ex take Your Social Security after divorce?

Social Security allows you to claim benefits on an ex-spouse's record if your marriage lasted 10 years and you've been divorced for two years. The maximum spousal benefit your ex can claim is 50% of your full retirement age benefit. If you're divorced, you may have heard that your ex-spouse can take your Social Security.

How does social security work when spouse dies?

If you need to apply for survivors benefits, you’ll need the following:

  • Proof of death
  • Your Social Security number and the deceased’s Social Security number
  • Your birth certificate
  • Marriage certificate if you’re applying as a widow/widower
  • Divorce papers, if you’re applying as a divorced widow/widower
  • Dependent children’s social security numbers
  • Deceased person’s W-2’s or tax returns

More items...

How do I get 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.

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.

At what age can I collect my deceased ex husband's Social Security?

age 60The earliest a widow or widower can start receiving Social Security survivors benefits based on age will remain at age 60. Widows or widowers benefits based on age can start any time between age 60 and full retirement age as a survivor.

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.

When your ex-husband dies Are you a widow?

a woman whose husband died while she was married to him and has not since remarried. A divorced woman whose ex-husband dies is not a widow, except for the purpose of certain Social Security benefits traceable to the ex-husband.

Can I collect my ex-husband's Social Security then switch to mine?

Can I collect Social Security as a divorced spouse and wait to claim my own retirement benefit? In most circumstances, no. You can only file what Social Security calls a “restricted application” to claim ex-spousal benefits alone and postpone claiming your retirement benefits if: You were born before Jan.

What do you do when your ex husband dies?

Divorce can be a traumatic event in your life, so negative emotions and memories are to be expected.FEELINGS OF SHOCK. ... FEELINGS OF GUILT. ... FEELINGS OF RELIEF. ... FEELINGS OF REGRET. ... LET YOURSELF GRIEVE. ... GET FRESH AIR & EXERCISE. ... BE OKAY WITH NOT HAVING FEELINGS ABOUT THEIR PASSING. ... TAKE A TRIP SOMEWHERE.More items...•

Does second wife get Social Security from husband?

If you remarry after age 60, you can still receive survivors benefits based on your former spouse's record. However, if your new spouse is also collecting Social Security benefits and you would receive a higher amount based on the new spouse's work record, you will receive the higher amount.

What happens if my ex-spouse gets reduced Social Security?

If your late ex-spouse took reduced benefits by filing for Social Security early, you may qualify for the highest possible share of those benefits — that is , the highest possible survivor benefit — before your own FRA. If this is your situation, contact Social Security to see how it will affect your survivor benefit.

What happens if you claim survivor benefits before you reach full retirement age?

Claiming survivor benefits before you reach full retirement age reduces the amount of your benefit, except as noted below . If you are caring for a child from the marriage who is under the age of 16 or is disabled, you will receive 75 percent of the deceased ex-spouse’s benefit. If you have already claimed Social Security on your own, ...

What happens to survivor benefits when you retire?

Claiming survivor benefits before you reach full retirement age reduces the amount of your benefit, except as noted below. If you are caring for a child from the marriage who is under the age of 16 or is disabled, you will receive 75 percent of the deceased ex-spouse’s benefit.

Does Survivor Benefits affect late beneficiaries?

Survivor benefits paid to you as a divorced spouse do not affect payments to the late beneficiary’s widow or widower or to other former spouses. Updated May 6, 2021.

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.

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 ).

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.

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.

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 ...

What happens to widows when their ex husband dies?

If the divorcee's ex-husband dies, she can receive widow’s benefits at age 60 that could be as much as 100 percent of her late ex-husband’s benefit, provided the marriage lasted 10 years or longer. If the divorcee remarries, she can’t continue to collect on the former spouse’s record unless the second marriage ends by divorce or death ...

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

Generally, a couple must have been married for at least nine months before the worker died for the widow to collect benefits.

How much can a divorcee collect?

Divorcee's Benefits. A divorcee can collect an amount equal to 50 percent of her ex- husband’s benefits if the marriage lasted at least 10 years, she is 62 or older, is divorced for at least two years, and her own work record would produce lower benefits than her ex’s.

How much do widows get for surviving spouse?

A surviving spouse with a child younger than 16 receives 75 percent. A widow at any age can get benefits if she takes care of the deceased’s child, as long as that child is younger than 16 or disabled.

Can I collect Social Security from my deceased husband?

Can I Collect Social Security Benefits From Two Deceased Husbands? Social Security provides income for people who are retired as well as for their dependents. A surviving spouse, even one who has never worked, is entitled to receive benefits, depending on the age of the survivor at the time of the spouse’s death.

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.

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

If you are disabled, and your ex-spouse has died, you can begin receiving survivors benefits if you're between the ages of 50 and 59. Your disability also must have started before or within seven years of your ex's death. The rules vary slightly when it comes to children. If you are caring for a child who is under age 16 or disabled, ...

Can you receive your own retirement at age 70?

That way, you receive only the ex-spousal benefit. You can let your own benefit amount continue racking up delayed retirement credits until you reach age 70. When you reach age 70, you can switch to your own benefit amount if that's larger than the ex-spousal amount.

How long do you have to be married to receive Social Security if you have a deceased spouse?

To be eligible for benefits based on the record of a deceased husband or wife, the spouses must have been married to each other for at least a year. In addition, the deceased spouse must have earned sufficient Social Security credits to be entitled to Social Security disability insurance (SSDI) or Social Security retirement benefits.

How much of a deceased spouse's salary will be paid to a spouse who is 60?

A surviving spouse who is between age 60 and full retirement age will receive 71-99% percent of the deceased worker's monthly amount.

What is the lump sum death benefit?

Lump Sum Death Benefit. When a disabled worker entitled to Social Security benefits dies, the surviving spouse will receive a one-time death benefit worth several hundred dollars (currently $255) if the surviving spouse was living in the same household.

How long do you have to work to qualify for Social Security?

This benefit is known as the "mother's benefit" or the "father's benefit.". Usually a deceased spouse must have worked for at least 10 of the last 20 years in order to be eligible for disability or retirement benefits, but under a special Social Security rule, if the deceased spouse worked for at least one and one-half years in ...

What is the retirement age for a person born after 1960?

Retirement age is 66 for people born before 1956 and 67 for people born after 1960. However, the surviving spouse can begin to collect reduced retirement benefits at age 60. )

How to apply for spousal benefits?

Applying for Spousal Benefits. Call the Social Security Administration (SSA) at (800)772-1213 to start your application for the survivors' benefit. You should apply for the survivors benefit soon after your husband or wife dies, since survivors benefits are usually paid from the time you apply, not from the date of death.

When does the mother's benefit stop?

The mother's or father's benefit will stop when the child turns 16 or ceases to be disabled, but can restart again when the surviving spouse (or divorced surviving spouse) turns 60 (or if disabled, turns 50).

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