Can You Collect Your Ex-Husband’s Social Security When He Dies?
Discover how a divorced spouse can potentially claim Social Security survivor benefits after an ex-husband's death, covering key conditions and the process.
After the loss of a former spouse, navigating Social Security benefits can be complex. A divorced spouse may claim survivor benefits based on a deceased ex-husband’s Social Security record, offering crucial financial support. This process involves meeting specific eligibility requirements and understanding how benefit amounts are determined.
Understanding Eligibility Criteria
To qualify for Social Security survivor benefits as a divorced spouse, several conditions must be met. The marriage to the deceased ex-husband must have lasted for at least 10 years.
The applicant’s current marital status also plays a role. The divorced spouse must be unmarried to receive these benefits. However, if the divorced spouse remarries after reaching age 60, or age 50 if disabled, this remarriage does not prevent them from receiving benefits on their former spouse’s record.
A divorced spouse can begin receiving survivor benefits as early as age 60, or age 50 if disabled. The deceased ex-husband must have been entitled to Social Security retirement or disability benefits at the time of their death for the divorced spouse to qualify.
The SSA will assess the applicant’s own Social Security benefit. If the divorced spouse is eligible for their own retirement or disability benefits, the SSA will pay the higher of the two benefit amounts, not a combination.
Determining Your Benefit Amount
The amount of survivor benefits a divorced spouse can receive is based on the deceased ex-husband’s Primary Insurance Amount (PIA). The PIA represents the full retirement benefit the deceased ex-spouse was entitled to.
A divorced spouse who claims benefits at their full retirement age (FRA) or later can receive up to 100% of the deceased ex-spouse’s PIA. However, claiming benefits before reaching FRA will result in a reduced monthly amount. The reduction is permanent and depends on how early benefits are claimed.
The survivor benefits paid to a divorced spouse do not reduce the benefits of other family members who may also be receiving payments on the deceased worker’s record, such as a current spouse or dependent children. The Social Security system is designed to allow multiple eligible beneficiaries to receive their entitled amounts independently.
The Application Process
Applying for divorced spouse survivor benefits requires gathering specific documentation to support the claim. Essential documents include the deceased ex-husband’s Social Security number and proof of death, such as a death certificate. The applicant will also need their own birth certificate and Social Security number, along with the marriage certificate and the final divorce decree proving the marriage duration and its dissolution.
Additionally, providing W-2 forms or self-employment tax returns from the previous year is helpful for the application. While the SSA generally requires original documents for most proofs, copies of W-2s and tax returns are acceptable. It is advisable to have these prepared to streamline the application process.
The application for survivor benefits typically cannot be completed online. Instead, individuals can apply by calling the national toll-free service or by visiting a local Social Security office in person. While an appointment is not always required for in-person visits, scheduling one in advance can help reduce waiting times.
It is crucial not to delay filing the claim even if all required documents are not immediately available. The Social Security Administration can often assist in obtaining necessary proofs. The SSA will process the application and communicate its decision to the applicant, outlining the benefit amount and start date if approved.