Can You Collect Social Security From a Deceased Ex Spouse?

Social Security offers financial support to eligible family members of deceased workers, including divorced spouses. These benefits, known as survivor benefits, provide a financial safety net. Understanding the specific rules and processes involved is important for anyone seeking to claim them. The Social Security system has detailed criteria that must be met to qualify.

Eligibility Requirements

To qualify for Social Security survivor benefits as a divorced spouse, several conditions must be satisfied. The marriage must have lasted for at least 10 continuous years, a common threshold known as the “10-year rule.”

Your current marital status impacts eligibility. You cannot receive survivor benefits if you remarry before age 60, or age 50 if disabled. However, remarriage after age 60 (or age 50 if disabled) does not prevent you from receiving benefits. If a later marriage ends due to divorce, death, or annulment, eligibility for benefits on the prior ex-spouse’s record may be regained.

The deceased ex-spouse must have been eligible for Social Security retirement or disability benefits at the time of their death. This means they must have worked and paid Social Security taxes for a sufficient period, typically earning 40 credits (equivalent to 10 years of work). The Social Security Administration bases survivor benefits on the deceased worker’s earnings record.

Age requirements for the applicant are specific. You can start receiving reduced survivor benefits as early as age 60, or age 50 if you have a disability. An exception exists if you are caring for the deceased ex-spouse’s child who is under age 16 or has a disability and is entitled to benefits; in this situation, you may qualify at any age.

The amount of your own Social Security benefit can influence eligibility. If you are entitled to a Social Security benefit based on your own work record, the Social Security Administration will pay you the higher of the two benefit amounts (your own or the survivor benefit).

Information and Documents Needed for Application

Gathering necessary information and documents before applying can help ensure a smoother experience. The Social Security Administration requires specific records to verify eligibility and process claims for divorced spouse survivor benefits. Having these items prepared in advance is recommended.

You will need personal identification information, including your own Social Security number, your date and place of birth, and your birth name if it differs from your current name. Proof of U.S. citizenship or lawful alien status is also required if you were not born in the United States. For direct deposit of benefits, you will need your bank’s routing number and your account number.

Information about your deceased ex-spouse is also needed. This includes their Social Security number, date and place of birth, and date and place of death. You may still need to provide a death certificate.

Official records of your marriage and divorce are needed to prove eligibility. You will need your marriage certificate(s) to verify the marriage duration and your final divorce decree(s) to confirm dissolution. If you do not have these documents, vital records offices can provide birth and death certificates, while court clerks can issue divorce decrees.

Additional documents may be necessary. If applying due to a disability, medical records will be requested. Military discharge papers may be needed if you had military service before 1968. W-2 forms or self-employment tax returns for the previous year might be requested to verify earnings.

The Application Process

Once all necessary information and documents are compiled, you can submit your application for divorced spouse survivor benefits. The Social Security Administration provides several avenues for applying, though survivor benefits cannot be completed entirely online.

The primary methods for applying are by phone or in person at a local Social Security office. To apply by phone, call the Social Security Administration’s national toll-free number. Representatives are available Monday through Friday during business hours. Calling early in the day or later in the week may result in shorter wait times.

For in-person applications, visit a local Social Security office. While an appointment is not always required, scheduling one in advance can help reduce wait times. Use the Social Security Administration’s office locator tool to find the nearest office and its contact information.

After submitting your application, the Social Security Administration will review your information and documents. You may receive a confirmation, and the agency might request additional information or clarification. Respond promptly to any requests to avoid delays in processing your claim. The Social Security Administration will then notify you of their decision regarding your eligibility and benefit amount.

Understanding Your Benefit Amount

The monthly benefit amount for a divorced spouse is determined based on the deceased ex-spouse’s earnings record. The more the deceased worker paid into Social Security, the greater the potential benefit. The amount you receive is a percentage of the deceased worker’s primary insurance amount (PIA).

If you apply for benefits at your full retirement age for survivor benefits, you can receive 100% of the deceased ex-spouse’s basic benefit amount. The full retirement age for survivors varies based on birth year, typically ranging between age 66 and 67. If you begin receiving benefits before reaching your full retirement age, the amount will be permanently reduced.

Your own Social Security benefit is a factor in determining your actual payment. If eligible for retirement or disability benefits based on your own work history, the Social Security Administration will compare your own benefit amount to the survivor benefit amount. You will receive the higher of the two amounts, not both combined.

Benefits paid to a surviving divorced spouse do not reduce the benefits paid to the deceased ex-spouse’s other survivors, such as a current spouse or children. The Social Security system allows multiple eligible individuals to receive benefits based on a single worker’s earnings record without diminishing each other’s payments. This means your claim for survivor benefits will not negatively impact anyone else receiving benefits on your ex-spouse’s record.