Can I Collect My Ex-Husband’s Social Security When He Dies? Understanding Your Rights to Survivor Benefits

The Short Answer: Yes, You Might Qualify

If you’re wondering whether you can collect your ex-husband’s Social Security benefits after his death the answer is yes—but only if you meet specific eligibility requirements. As someone who’s helped many clients navigate this confusing territory, I know firsthand how important these benefits can be for financial security during retirement.

Key Eligibility Requirements for Ex-Spouse Survivor Benefits

To qualify for survivor benefits based on your ex-husband’s Social Security record, you’ll need to meet these main criteria:

• Your marriage lasted at least 10 years before the divorce was finalized
• You are at least 60 years old (or 50 if you have a qualifying disability)
• You haven’t remarried before age 60 (or before 50 if disabled)

There’s also an important exception: If you’re caring for your ex-husband’s child who is under 16 or has a disability that began before age 22, you might qualify regardless of your age or how long you were married.

How Much Could You Receive?

If you qualify for survivor benefits as an ex-spouse, you could receive up to 100% of the amount your ex-husband was receiving from Social Security if you wait until you reach your full retirement age (FRA) for survivors

Here’s a breakdown of what you might get based on when you claim

• At full retirement age: 100% of your ex’s benefit
• At age 60: 71.5% of your ex’s benefit
• Between 60 and FRA: The percentage increases incrementally the longer you wait
• If caring for eligible children: 75% of your ex’s benefit

It’s worth noting that full retirement age for survivors is gradually increasing. It’s currently 66 and 4 months for survivors born in 1958, 66 and 6 months for those born in 1959, and will reach 67 for those born in 1962 or later.

What If I’ve Already Claimed My Own Social Security?

Good news: you can still apply for survivor benefits after your ex-husband dies, even if you’ve already started getting your own retirement benefits. However, Social Security won’t pay you both benefits combined. Instead, you’ll receive whichever benefit amount is higher.

This is actually a really smart strategy for many people. You could start with one benefit and then switch to the other when it makes more sense from a money point of view.

Common Questions About Ex-Spouse Survivor Benefits

Will it affect my ex-husband’s current family?

Nope! One of the main worries I hear is whether getting these benefits will mean less money for your ex-husband’s widow or other ex-spouses. You can be sure that getting survivor benefits as a divorced spouse won’t affect anyone else who is entitled to benefits on your ex’s record.

What if my ex-husband never applied for Social Security?

It doesn’t matter if your ex-husband never claimed his own benefits; you can still get them. You will get what he would have been able to get in this case.

What if I’m working?

You can receive survivor benefits while working, but be aware that if you’re below full retirement age and earn above certain limits, your benefits might be temporarily reduced. The Social Security Administration applies an earnings test that reduces benefits by $1 for every $2 you earn above their annual limit. Once you reach full retirement age, this earnings test no longer applies.

What if my ex-husband remarried?

Your ex-husband’s remarriage has zero effect on your eligibility for survivor benefits. As long as you meet the basic requirements, you can still claim benefits based on his record regardless of his marital status when he died.

How Do I Apply for Ex-Spouse Survivor Benefits?

Unfortunately, you can’t apply for survivor benefits online. You’ll need to either:

1. Call Social Security at 800-772-1213 to schedule an appointment
2. Visit your local Social Security office

When applying, be prepared to provide:

• Proof of death
• Your Social Security number and your ex-husband’s
• Your marriage certificate
• Your divorce decree
• Birth certificates for any eligible children
• W-2 forms or tax returns for the most recent year

Special Situations That Might Affect Your Benefits

If You Remarried

If you remarried before turning 60 (or 50 if disabled), you generally cannot collect survivor benefits on your ex-husband’s record unless your later marriage ends (whether by death, divorce, or annulment).

However, if you remarried after turning 60 (or 50 if disabled), you’re still eligible for survivor benefits based on your ex-husband’s record.

If Your Ex-Husband Took Reduced Benefits

If your late ex-husband claimed Social Security early (before his full retirement age), you may qualify for the highest possible share of those reduced benefits before reaching your own full retirement age. This is a complicated situation, so it’s best to call the Social Security Administration directly to understand how it will affect your potential survivor benefit.

If You’re Eligible for Multiple Benefits

Sometimes people are eligible for survivor benefits from multiple ex-spouses or from both an ex-spouse and a current spouse. In these situations, Social Security will pay the highest benefit amount you’re entitled to receive, not a combination of multiple benefits.

Real-Life Example: How This Works

Let me share a quick example to illustrate how this might work in practice:

Maria was married to John for 15 years before they divorced. John passed away at age 70 when he was receiving $2,000 monthly in Social Security benefits. Maria is now 62 and receives $1,200 based on her own work record. Since Maria meets all eligibility requirements (marriage lasted over 10 years, she’s over 60, and she hasn’t remarried before 60), she could apply for survivor benefits.

If Maria claims survivor benefits now at 62, she would receive approximately 81.5% of John’s $2,000 benefit, or about $1,630 per month – which is higher than her own benefit of $1,200. If she waits until her full retirement age for survivors, she could receive the full $2,000.

Important Considerations Before Making Your Decision

Timing Is Everything

When to claim survivor benefits is a critical decision that can significantly impact your financial security. If you’re approaching eligibility age, consider these factors:

• Your current income needs
• Your health and life expectancy
• Your other sources of retirement income
• The difference between your own benefit and the survivor benefit

Get Professional Advice

The rules surrounding Social Security benefits can be confusing, and the stakes are high. Before making any decisions, consider consulting with:

• A Social Security representative
• A financial advisor specializing in retirement planning
• An attorney who focuses on elder law or Social Security issues

Conclusion: Know Your Rights and Plan Accordingly

Understanding your right to collect Social Security survivor benefits from an ex-husband can make a significant difference in your financial security during retirement. While the eligibility requirements are strict, many divorced individuals do qualify for these important benefits.

The key takeaways to remember:

• Your marriage must have lasted at least 10 years
• You must be at least 60 (or 50 if disabled)
• You cannot have remarried before age 60 (or 50 if disabled)
• You could receive up to 100% of your ex’s benefit amount

If you think you might be eligible, don’t leave money on the table! Contact the Social Security Administration to discuss your specific situation and options.

Have you had experience navigating survivor benefits after divorce? I’d love to hear your stories in the comments below!