If your ex-husband passes away, you may be eligible for survivor benefits based on his work record. The eligibility requirements for survivor benefits are similar to those for Social Security benefits, with a few key differences: Your marriage must have lasted at least ten years before the divorce was finalized.
In most typical claims for benefits a: Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.
If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.
It is a different story, however, if you are not receiving ex-spousal benefits. In that case, the SSA does not notify you of your ex-spouse's death, even though you are now eligible for survivor's benefits.
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.
If the ex-spouse passed away without leaving a valid will, the distribution of their assets is governed by the state's intestacy laws. In most states, a divorced spouse is not considered an heir under intestacy laws and is not entitled to any of their ex's property.
This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.
No, under California law, if you are divorced, you are not considered a widow or widower when your former spouse passes away.
Marriage has its perks
Social Security covers both spouses, regardless of whether one or both brought home a paycheck over the years.
If an ex-husband is alive when a woman claims Social Security benefits on his earnings record, the auxiliary benefit (also known as divorced-spouse benefit) is effectively equal to one-half of the ex-husband's PIA .
Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.
Spouses and ex-spouses
Payments start at 71.5% of your spouse's benefit and increase the longer you wait to apply. For example, you might get: Over 75% at age 61.
If you remarry before you turn 60, your remarriage will affect the benefits you receive. After the age of 60, remarriage will no longer affect eligibility. The SSA compares survivor benefits to a life insurance policy that workers contribute to throughout their careers.
So I just call a woman whose ex-husband has died a “divorced widow.” Q: I am a single woman who just turned 66. I am still working full time.
A surviving spouse, surviving divorced spouse, unmarried child, or dependent parent may be eligible for monthly survivor benefits based on the deceased worker's earnings. In addition, a one-time lump sum death payment of $255 can be made to a qualifying spouse or child if they meet certain requirements.
If you've worked and paid taxes into the Social Security system for at least 10 years and have earned a minimum of 40 work credits, you can collect your own benefits as early as age 62.
If your ex-spouse died after you divorced, you can still qualify for widow's benefits. Visit Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse. We hope this news adds some joy to the range of emotions you feel when thinking of your “Ex”!
The Bottom Line. If you were married to them for at least 10 years, you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit.
As with other divided property, the ex-spouse's share of the pension remains his/her property. Without an agreement to return your ex-spouse's share to you, the law provides for the ex-spouse's share to be passed on to the beneficiary of the ex-spouse, or his/her estate.
Yes, you can. Notify the Social Security Administration that you were married more than once and may qualify for benefits on more than one spouse's earnings record.
Seek Grief Support
Family members might not understand why you feel sad in the face of your ex-wife or ex-husband's death. You might not feel comfortable reaching out to your ex's family during their grieving process either. If you're remarried, you might feel awkward sharing your feelings with your current spouse.
You're at least 62 years old. You're currently unmarried. Your ex-spouse is eligible for Social Security retirement or disability benefits.
Can anyone get a copy of a death certificate? Only certain family members may be able to obtain a death certificate when someone dies. This includes a spouse, siblings, and children. But death certificates can be requested by anyone when they become public record.