What Happens If Your Former Spouse Passes Away Prior to Receiving Social Security?

by | Jun 19, 2023 | Spousal IRA | 23 comments




In this video, we explain how the death of an ex-spouse affects your social security balance, how you draw social security if you’ve never remarried, and more. 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. Watch the video to learn more!

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What If Your Ex-Spouse Dies Before Receiving Social Security

Divorce can be a challenging and emotionally draining process, particularly when it comes to financial matters. Among the many concerns is the question of what happens if your ex-spouse dies before receiving their Social Security benefits. Understanding the implications can help you navigate this situation with peace of mind.

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When it comes to Social Security benefits, the primary factor to consider is the length of your marriage. If you were married for at least 10 years before the divorce occurred, you may be entitled to benefits based on your ex-spouse’s work record, even if they pass away before receiving them.

In order to be eligible for survivor benefits as an ex-spouse, you must meet certain criteria. These requirements include being at least 60 years old (or 50 years old if you are disabled), not having remarried before the age of 60, and your ex-spouse must be eligible for Social Security benefits. If you have remarried, you may still be eligible for survivor benefits based on your former spouse’s work record if your new marriage ends, either through divorce or death.

The amount of survivor benefits you are entitled to usually depends on your ex-spouse’s work history. Generally, you can receive up to 100% of the deceased ex-spouse’s full retirement amount. However, your entitlement may be reduced if you begin receiving benefits before reaching your own full retirement age.

If you are caring for a child under the age of 16 who is also eligible for benefits, it is important to note that your benefit as a surviving ex-spouse will not be affected. In essence, you can receive survivor benefits for as long as the child is entitled to them, even if it extends beyond your normal retirement age.

To claim survivor benefits, you will need to contact the Social Security Administration (SSA) and provide them with the necessary documentation, such as a death certificate and your marriage certificate. It is advisable to notify the SSA of your ex-spouse’s passing as soon as possible to ensure a smooth and timely process.

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In some cases, if you are eligible for both retirement and survivor benefits, you may choose to receive one and delay the other to increase your overall benefit amount. You can delay your own retirement benefits until a later age to accrue additional credits, claiming the survivor benefits in the meantime. This strategy can potentially maximize your lifetime Social Security income.

In conclusion, if your ex-spouse passes away before receiving their Social Security benefits, you may be eligible for survivor benefits based on their work record, provided you meet the necessary criteria. Understanding these rules can help you plan for the future and secure the financial support you may be entitled to. Contacting the Social Security Administration and seeking professional advice can guide you through the process and ensure you make informed decisions regarding your financial well-being.

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23 Comments

  1. Mike Piper

    Can men get benefits on former wife .married 12 years. Legally divorced. Current ages ex wife 61 and remarried. Husband 65 never remarried. Thinking of claiming hers when she turns 62 and wait to get his at 70. Is this possible ?

  2. Messianic temple

    How long do I have to file from the day of the ex-spousal passing

  3. Messianic temple

    He died at age 68, I am about to turn 60. We married for 20years. He worked for over 30yrs…how much am I roughly looking at in cash? If its just $255 lump am seeing on the internet, I don't think I should spend so much money running around looking for the needed docs.

  4. Messianic temple

    Please, is the lump sum of the SS death benefit…just $255, as I see on the internet? If it is so, is it worth it to run around collecting the required docs esp if the marriage certificate can only be collected from the country where the marriage took place? If the lump sum is simply #255… what are so many videos on the survivor's benefits? there must be something am missing. Please someone talk to me before I start sending money overseas to collect the marriage cert.

  5. VANQUISHER

    My fiance passed away a year ago. We were never married but spent 32 years together and have 3 children together. We had a mortgage together for some years until we lost our home in 2008. I live in the State of MD. where there is no common law. Can I claim his SS as a domestic partner or at all? It was suggested to me to not bother calling the Social Security office because they would not be truthful about what I can claim. Is there someone I can contact to help me with this, maybe a lawyer or some other recommendation?

  6. Deloris Newsome

    I was only married for four years am I entitled to my deceased husband Social Security

  7. Jennifer Ellison

    Thank you for all your videos, they are very informative. A specific question I have is: I am 57 and have been collecting SSDI from my work history, I am single , what if my ex-spouse died, would I be able to collect widow benefits in addition with my own SSDI? We were married for 29 years.

  8. JOHN MAR

    What if i statred my ss benefits then what will my ex get? thank you

  9. Sophia Zayas

    What if there is a separation agreement that renounces the ex from social security? Can the ex still receive it?

  10. Avacado Guacamole

    no matter how much i read about soc. sec. and watch videos, call soc sec etc. it is STILL CONFUSING as hell. They made is ridiculous!! Take our money and mess with us.

  11. Jungleghost Survival

    What if my ex wife remarrys and them divorces her second marriage. Is she entitled to still get it. And can I the husband get her social security

  12. Laurie Grover

    My Dad just died in Oct 2021. My Mom and Dad were married for about 50 years when they divorced so he could remarry. Is my Mom started collecting her full benefit at 67 (I think). She always made more than my Dad. Would she be eligible for any survivor benefit off of my Dad's Soc Sec?

  13. colleen M

    Ty for this info

  14. Patricia Hunt

    How does the special rule apply for first year?

  15. Mary D

    I retired at 60 from a federal job and collected SSI until I was 62. At that time I started drawing from my ex-husband's Social Security. It is half, and reduced because I am not yet full retirement age.

    I have 2 questions.

    1. Can I draw from his for life, even after my full retirement age?

    2. I believe if he dies, I would receive full benefits instead of half once I am over full retirement age. If he dies, do I start receiving the full amount automatically? Or do I have to reapply for widow benefits?

  16. Doris Reeves

    What if I don't have any paperwork of this divorce I was incumbured & disabled regularly from?

    I was set up in a noon consenting situations awhile my mother was reading to pass away. It was quite irresponsible of my other two siblings who are falling apart on their own? They ignore, block, scapegoat with their friends & mom's old company of connecting turned their backs on me knowing they had embarrased & caused shame by the free peer friend's I had to leave to gain some perspective of family in my life that was yanked from me as their lights flickered on my life? I really feel like I have to be led than my best. My encouraging desires & hopes, met with Futsal frustration, anger while I tight not to her injured because of these nonconcentual opinions my siblings & exhusband made me feel like nothing, worthless & scared.

    It's like the door was left open & I was their scapegoat.

  17. Gene B

    Not sure if you will see this question. Working FT, but collecting SS (under 30K). Divorce over 10yrs and ex-wife is still working FT and not collecting SS at this time. Can I claim any part of her SS or should I even try?

  18. Jackpot Winner

    So what if he never collected and died at 59

  19. Antonia Walk

    I'm 56 applying for SSDI my ex husband died in 2007 he's 16 older than me. We got a divorce after 12 years of marriage. What happened to receive his social security for benefits since he never filed if he was living he would be 72. He re married but he died and he was married for 7 months only. I'm in NY

  20. Christine Wolbert

    I was married over 10 years. My ex remarried them passed away after being remarried over 10 years. He would not have been 66 until 2022 and not sure if his widow is drawing
    Dos this affect my benefits if she is drawing

  21. Tamera Northrop

    Thank you so much for this video I'm still a little stuck. I am 53 female started collecting off my own earnings in 2015. I also got a divorce in 2015 after 19 years. My ex on the successful business in he worked a lot when we were married I mostly took care of the kids and work on his business stuff. He died suddenly in August. From what I understand and I have filed my application that they will consider him to be full retirement age? Would I be eligible for 71 and a half percent of what he would have collected? Or 50% of what he would have collected? Neither one of us remarried we've been divorced for 7 years Thank you again our only surviving child is 20

  22. Dana Barnhardt

    My ex husband, 31 yrs of marriage, neither of us remarried, died at age 64 yrs of age not receiving benefits. I will be 65 2022, what is my best move with social security. Thank you in advance.

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