Can I get my ex-husband's Social Security if he dies?

Asked by: Mr. Sebastian Smitham  |  Last update: July 18, 2026
Score: 4.7/5 (36 votes)

Yes, you can get your ex-husband's Social Security survivor benefits if you were married for at least 10 years, are unmarried (unless you remarried after age 60/50 for disability), and are at least 60 (or 50 with a disability). These benefits are equal to what a surviving spouse would receive (up to 100% of his benefit), and you'll get the higher amount if your own benefit is lower.

How much Social Security will I get if my ex-husband dies?

Social Security rules allow a qualifying former spouse to claim benefits based on the work history of a higher-earning ex. These benefits are worth up to 50% of that former spouse's Social Security benefit at full retirement age. However, if that former spouse dies, the benefit's value is worth up to 100%.

Can I get Social Security from my ex-husband if he is still alive?

Yes, you can often draw benefits from your living ex-husband's Social Security if your marriage lasted 10+ years, you're currently unmarried, you're at least 62, and he's eligible for benefits (even if he hasn't claimed yet), but your own benefit must be less than what you'd get from his record, and you can get up to 50% of his full amount by waiting until your own full retirement age, Social Security Administration (SSA). 

What percent of Social Security does a divorced spouse get?

You can receive up to 50% of your ex-husband's full Social Security benefit, but the actual percentage depends on when you start claiming; claiming early (as young as age 62) permanently reduces the amount to as low as 32.5% of his benefit, while waiting until your own Full Retirement Age (FRA) grants the full 50%. Your own work record benefit is always paid first, with an extra amount added from your ex's record if it's higher, and this doesn't affect his benefits or his current spouse's.

How do I claim my ex-spouse's Social Security?

Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.

What Happens to Your Social Security if You’re Divorced And Your Ex-Husband Dies?

35 related questions found

What to do when your ex-husband dies?

” When an ex dies, it doesn't mean that you can't mourn their death. The history you shared doesn't go away when they die. It's important to acknowledge your feelings and emotions. “The grieving process that you'll go through is natural, even when you don't understand the reasons for it.

Is an ex-wife entitled to survivor benefits?

Ex-spouses who were married for at least 10 years, as well as some valid non-marital legal relationships, may be eligible. You might be eligible regardless of age and how long you were married. One common example is if you're caring for a child of the person who died.

Does the first wife get the ex-husband's Social Security?

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

What disqualifies you from survivor benefits?

If you choose to remarry, you typically lose eligibility. However, if you were married to your former spouse for at least 10 years and remarry after age 60 (or 50 if disabled), you may still qualify for benefits. Benefit amount. Your payment is based on your spouse's work record and your age when you claim.

How to apply for a deceased ex-husband's Social Security?

Applications are completed either by phone or in person at a local Social Security office. To set up an appointment, call us at 1-800-772-1213 (TTY: 1-800-325-0778) between 8:00 a.m. and 7:00 p.m., Monday through Friday.

Does an ex-wife get pension if her husband dies?

Once you are divorced, you will probably lose whatever survivor's pension protection you may have had while married, unless your special court order, a Qualified Domestic Relations Order (QDRO), specifically provides for a survivor's pension.

What is the 40 day rule after death?

The "40-day rule after death" refers to traditions in many cultures and religions (especially Eastern Orthodox Christianity) where a mourning period of 40 days signifies the soul's journey, transformation, or waiting period before final judgment, often marked by prayers, special services, and specific mourning attire like black clothing, while other faiths, like Islam, view such commemorations as cultural innovations rather than religious requirements. These practices offer comfort, a structured way to grieve, and a sense of spiritual support for the deceased's soul.
 

What happens if a husband dies after divorce?

What happens next? If a spouse dies in the middle of a divorce case, the divorce proceedings will be terminated. Under the laws of intestacy of the state, the surviving spouse will typically inherit all property, money, or other marital assets that would have gone to the decedent in the divorce settlement.

At what age can I collect my deceased ex-husband's Social Security?

Benefits for surviving divorced spouses

If you've been divorced, your former spouse, age 60 or older (or age 50 to 59 if they have a disability) can get benefits, if your marriage lasted at least 10 years.

What is the 5 year remarry rule?

Ideally, an individual who obtained a green card through marriage should wait at least 5 years before getting remarried to a foreign national.

Can I claim my ex-husband's Social Security if he's still alive?

Yes, you can often draw benefits from your living ex-husband's Social Security if your marriage lasted 10+ years, you're currently unmarried, you're at least 62, and he's eligible for benefits (even if he hasn't claimed yet), but your own benefit must be less than what you'd get from his record, and you can get up to 50% of his full amount by waiting until your own full retirement age, Social Security Administration (SSA). 

How much Social Security will an ex-spouse get?

A divorced spouse can receive up to 50% of their ex-spouse's full Social Security retirement benefit, provided the marriage lasted at least 10 years, they are unmarried, and they are at least 62, with the full 50% only available if they claim at their own Full Retirement Age (FRA); claiming earlier (as early as 62) results in a permanently reduced benefit, starting at around 32.5%. The benefit doesn't affect the ex-spouse's own payment and is paid on top of any benefit the divorced spouse earns on their own record, up to a combined total. 

How soon can I collect on my ex-husband's Social Security?

You can start collecting benefits on your ex-husband's Social Security record as early as age 62, provided your marriage lasted at least 10 years, you are unmarried, and he is eligible for benefits. To get the maximum benefit (up to 50% of his full retirement amount), you should wait until your own full retirement age (FRA); claiming early at 62 results in a permanently reduced amount, similar to claiming your own benefit early. 

How do I find out my ex-husband's Social Security benefits?

Additionally, if you were married for at least 10 years and haven't remarried, you may be eligible for benefits based on your ex-spouse's earnings. In this case, you can contact the Social Security Administration to request an estimate of these potential benefits.

What happens to my ex-husband's pension when he dies?

Defined contribution pensions work by building up a pot of money to use at retirement. This means any money left in the pot when the person died can be passed on, usually to the beneficiaries they nominated. The pension provider will usually contact those named to explain what their options are.

Can a divorced woman collect her ex-husband's Social Security?

Yes, a divorced wife can get her ex-husband's Social Security benefits if their marriage lasted at least 10 years, she is unmarried, is at least 62, and her ex-spouse is eligible for benefits, with payments not reducing the ex-spouse's or their current spouse's benefits. Benefits are paid on the ex-spouse's record, up to half their benefit, and the ex-spouse's remarriage doesn't affect eligibility.