When an Ex-Spouse Dies: Social Security Benefits

When a former spouse passes away, the financial landscape for the surviving divorced spouse can shift significantly. Social Security offers survivor benefits that may provide financial support during such a challenging time. Understanding these benefits and the process to claim them is important for securing potential income that can help manage ongoing expenses and maintain financial stability. This support can alleviate some of the financial burden following the loss of a former partner.

Who Can Qualify

Eligibility for Social Security survivor benefits as a divorced spouse depends on specific criteria established by the Social Security Administration (SSA). The marriage to the deceased worker must have lasted for at least 10 years.

A divorced spouse cannot be currently married to another individual to claim benefits, unless the remarriage occurred after age 60, or after age 50 if the claimant is disabled. If a remarriage that would otherwise prevent benefits ends due to death, divorce, or annulment, eligibility for the former spouse’s survivor benefits may be re-established.

The deceased ex-spouse must have accumulated enough Social Security work credits for benefits. Generally, this means the deceased worker needed 40 credits, which typically equates to 10 years of work. These credits are earned through covered employment by paying Social Security taxes.

The claimant’s age is another determining factor. A divorced spouse can begin receiving reduced survivor benefits as early as age 60. If the divorced spouse has a disability, benefits can potentially start as early as age 50.

How Benefits Are Determined

The amount of survivor benefits a divorced spouse may receive is primarily based on the deceased ex-spouse’s Primary Insurance Amount (PIA). The PIA represents the benefit the deceased worker would have received if they had claimed retirement benefits at their full retirement age.

The claimant’s age at the time of claiming benefits significantly influences the final amount received. If a divorced spouse claims survivor benefits at their full retirement age, they can receive 100% of the deceased ex-spouse’s PIA. The full retirement age varies by birth year, generally ranging from 66 to 67.

Claiming benefits before reaching the full retirement age will result in a permanent reduction in the monthly payment. For example, claiming benefits as early as age 60 can reduce the amount to approximately 71.5% of the deceased’s PIA. The reduction lessens as the claiming age approaches the full retirement age.

Required Information for Application

Before initiating an application for divorced spouse survivor benefits, gathering specific information and documents is necessary to ensure a smooth process. Having these items prepared can help prevent delays in benefit processing. The Social Security Administration (SSA) typically requires original documents or copies certified by the issuing agency.

The deceased ex-spouse’s Social Security number is a primary piece of information needed to identify their earnings record. Proof of death, such as a death certificate or a funeral home statement, is also required to confirm the passing of the former spouse.

Proof of the marriage to the deceased, like a marriage certificate, establishes the required marital relationship. A final divorce decree is essential to confirm the legal termination of that marriage and the divorced status. The applicant’s own birth certificate or other proof of birth is necessary to verify their age.

Additionally, the applicant will need to provide their bank account information for direct deposit of benefits. This ensures that payments can be securely and efficiently transferred. While the SSA prefers original documents for most items, photocopies of W-2 forms or self-employment tax returns for the previous year are generally acceptable.

Applying for Benefits

Once all necessary information and documents are gathered, the application process for divorced spouse survivor benefits can begin. The Social Security Administration (SSA) offers several convenient methods for submitting an application. While some benefits can be applied for online, survivor benefits for divorced spouses typically require direct interaction with the SSA.

Applicants can apply by calling the SSA’s national toll-free number or by making an appointment and visiting a local Social Security office in person. During a phone or in-person interview, an SSA representative will guide the applicant through the required questions and assist with the application form. It is often advisable to schedule an appointment for in-person visits to reduce potential wait times.

After the application is submitted, the SSA will review the information and documents provided. Processing times for survivor claims can vary, but generally range from approximately 4 to 6 weeks under normal circumstances. During busy periods or if additional information is needed, this timeframe might extend to 8 to 12 weeks. The SSA may contact the applicant for clarification or additional documentation if required during the review process.

Interaction with Other Social Security Benefits

Receiving divorced spouse survivor benefits can interact with other Social Security benefits an individual may be eligible for, such as their own earned retirement benefits. The Social Security Administration (SSA) applies a “higher of” rule when a person is eligible for more than one type of benefit.

For example, if a divorced spouse is eligible for retirement benefits based on their own work record and also for survivor benefits based on their deceased ex-spouse’s record, the SSA will pay the amount that is greater. The individual does not get to collect both sums. This rule prevents individuals from receiving a combined payment that exceeds the highest single benefit they are entitled to.

This interaction can influence the optimal claiming strategy for an individual’s own retirement benefits. A divorced spouse might choose to claim survivor benefits early, accepting a reduced amount, and then switch to their own retirement benefits at a later age, such as age 70, to maximize those benefits. This strategy is possible because their own retirement benefits continue to grow until age 70 if claiming is delayed. The decision of when to claim depends on individual financial circumstances and the comparative amounts of the available benefits.