Can I collect my ex husband's Social Security when he dies?

Asked by: Jorge Renner  |  Last update: February 20, 2023
Score: 4.9/5 (45 votes)

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.

Can a divorced woman collect Social Security from deceased ex husband?

A divorced woman's Social Security benefit can be based on her ex-husband's earnings alone, her deceased husband's or deceased ex-husband's earnings alone, her own earnings alone, or a combination of earnings.

How much of my ex husband's Social Security will I get when he dies?

If you are at or above full retirement age, you will receive 100% of your deceased ex-spouse's SSDI or retirement benefit. If you are between the ages of 60 and full retirement age, you will receive in the range of 71.5% to 99% of your deceased ex-spouse's SSDI or retirement benefit.

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.

How much does a surviving divorced spouse get from Social Security?

Widow or widower, full retirement age or older—100% of your benefit amount. Widow or widower, age 60 to full retirement age—71½ to 99% of your basic amount. A child under age 18 (19 if still in elementary or secondary school) or has a disability—75%.

Can I Collect My Ex-spouse's or Deceased Spouse's Social Security? ?

24 related questions found

Who gets deceased spouse's Social Security?

A surviving spouse can collect 100 percent of the late spouse's benefit if the survivor has reached full retirement age, but the amount will be lower if the deceased spouse claimed benefits before he or she reached full retirement age.

Is an ex wife considered a surviving spouse?

Who Qualifies for Surviving Divorced Spouse Benefits? If your former spouse has died, you may be entitled to Social Security survivor benefits as a former spouse if you meet the following requirements: Your marriage lasted at least ten years. You're at least 60 years old, or 50 if disabled.

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.
  1. FEELINGS OF SHOCK. ...
  2. FEELINGS OF GUILT. ...
  3. FEELINGS OF RELIEF. ...
  4. FEELINGS OF REGRET. ...
  5. LET YOURSELF GRIEVE. ...
  6. GET FRESH AIR & EXERCISE. ...
  7. BE OKAY WITH NOT HAVING FEELINGS ABOUT THEIR PASSING. ...
  8. TAKE A TRIP SOMEWHERE.

Can you collect 1/2 of ex spouse's Social Security and then your full amount?

You're eligible for spousal benefits if you're married, divorced, or widowed, and your spouse is or was eligible for Social Security. Spouses and ex-spouses generally are eligible for up to half of the spouse's entitlement. Widows and widowers can receive up to 100%.

Who is not eligible for Social Security survivor benefits?

Widowed spouses and former spouses who remarry before age 60 (50 if they are disabled) cannot collect survivor benefits. Eligibility resumes if the later marriage ends. There is no effect on eligibility if you remarry at 60 or older (50 or older if disabled).

Do I automatically get my ex husband's Social Security?

To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death.

At what age can a divorced woman collect her husband's Social Security?

A divorced spouse may be eligible to collect Social Security benefits based on the former spouse's work record. The marriage must have lasted for at least 10 years, and the divorced spouse must be at least 62 years old.

How many years do you have to be married to claim spouses Social Security?

What are the marriage requirements to receive Social Security spouse's benefits? Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.

What benefits is a widow entitled to?

There are two kinds of benefits that loved ones left behind may be entitled to receive after the death of a spouse. These are: Widowed parent's allowance. Bereavement allowance and bereavement payment.

What is the difference between spousal benefits and survivor benefits?

Spousal benefits are based on a living spouse or ex-spouse's work history. Survivor benefits are based on a deceased spouse or ex-spouse's work history. The maximum spousal benefit is 50% of the worker's full retirement age (FRA) benefit.

Who qualifies for a bereavement payment?

Check if you're eligible

It doesn't matter what your income is, if you have any savings or if you're working. Your husband, wife or civil partner must have either: paid National Insurance contributions for at least 25 weeks in one tax year. died because of an accident at work, or a disease caused by their work.

Who qualifies for a widows pension?

If your civil partner, husband or wife has died, you may be eligible to apply to the benefits scheme to receive a lump sum followed by regular payments for up to 18 months. This money can be used to help you manage your bills and cover other vital spending during what is a distressing time.

How is Social Security calculated for divorced spouse?

A representative at your local Social Security office can provide estimates of the benefit you can receive as a divorced spouse, based on your former wife's or husband's earnings record. Call your local office or Social Security's national customer service line (800-772-1213) to make an appointment.

Can you collect 1/2 of ex spouse's Social Security and then your full amount?

You're eligible for spousal benefits if you're married, divorced, or widowed, and your spouse is or was eligible for Social Security. Spouses and ex-spouses generally are eligible for up to half of the spouse's entitlement. Widows and widowers can receive up to 100%.

Can you collect 1/2 of spouse's Social Security and then your full amount?

Your full spouse's benefit could be up to one-half the amount your spouse is entitled to receive at their full retirement age. If you choose to begin receiving spouse's benefits before you reach full retirement age, your benefit amount will be permanently reduced.

How many years do you have to be married to claim spouses Social Security?

What are the marriage requirements to receive Social Security spouse's benefits? Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.

When can a widow collect her husband's Social Security?

The 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.

Can I claim my husband's Social Security instead of mine?

Can I Collect Social Security Spousal Benefits? Yes, you can collect Social Security's on a spouse's earnings record. You may be able to do this in the form of spousal benefits, or as survivor benefits if you are a widow or widower.

Can ex wife claim my pension years after divorce?

Though a pension can be divvied up between spouses during divorce, that division isn't automatic. Your soon-to-be ex would have to make a specific request for a share of whatever you've accumulated before the divorce is finalized.

What is the difference between survivor benefits and widow benefits?

While spousal benefits are capped at 50% of your spouse's benefit amount, survivor benefits are not. If you're widowed, you're eligible to receive the full amount of your late spouse's benefit, if you've reached full retirement age. The same is true if you are divorced and your ex-spouse has died.