Can I Get My Ex-Husband’s Social Security If He Dies?

Yes, you can receive survivor benefits based on your ex-husband’s work record if you were married for at least 10 years, are at least age 60 (or 50 if disabled), and have not remarried before age 60

Losing an ex-spouse can have a profound emotional and financial impact on your life. If you are asking yourself, “If my ex-husband dies, do I get his Social Security?” the short answer is yes—provided you meet specific eligibility requirements.

When a former spouse passes away, you may be entitled to a surviving divorced spouse benefit. Below is a comprehensive guide to understanding your eligibility, calculating your potential benefit amount, and navigating the rules for claiming what you are owed.

Eligibility Requirements for Divorced Spouse Survivor Benefits

To qualify for Social Security survivor benefits on the record of a deceased ex-husband (or ex-wife), you generally must meet three core requirements:

1. The 10-Year Marriage Rule: Your marriage must have lasted for at least 10 consecutive years. The Social Security Administration measures this strictly from your wedding date to the exact date your divorce was legally finalized. Even one day short of 10 years will disqualify you.
2. Age Requirement: You must be at least 60 years old to claim standard survivor benefits, or 50 years old if you have a qualifying disability.
3. Marital Status: You must be currently unmarried, or you must have remarried after turning 60 (or 50 if disabled).

The Exception to the 10-Year and Age Rules

There is one major exception to these strict rules. If you are caring for your deceased ex-husband’s child who is under age 16 or has a disability, you do not need to meet the 10-year marriage rule or the age 60 requirement to collect benefits. The child must also be entitled to receive Social Security benefits on the deceased worker’s record.

How Much Will You Receive in Survivor Benefits?

As a surviving divorced spouse, you can receive up to 100% of the benefit your ex-husband was receiving (or was eligible to receive) at the time of his death.

However, the exact percentage you get depends on your age when you choose to claim:

• Claiming at Age 60: If you file as soon as you are eligible at age 60, you will receive 71.5% of your ex-husband’s full benefit amount.
• Claiming at Full Retirement Age (FRA): If you wait until your full retirement age for survivors, you will be entitled to 100% of his benefit. For individuals born in 1962 or later, the survivor FRA is 67.

What if he died before claiming? If your ex-husband passed away before he started collecting his Social Security, your survivor benefit is based on 100% of what he would have received based on his lifetime earnings. If he had waited past his full retirement age to claim, any delayed retirement credits he earned will be factored into your survivor payout, significantly boosting your monthly check.

Note: Spouses and some minor children may also be eligible for a one-time lump-sum death payment of $255, which must be applied for within two years of the death.

Can You Collect Both Your Own Retirement and Survivor Benefits?

No, you cannot add your own retirement benefit and your survivor benefit together to receive the sum of both. The Social Security Administration will pay you whichever amount is higher.

However, you can use a powerful claiming strategy: switching benefits. If you qualify for both, you can choose to claim a reduced survivor benefit at age 60 and let your own retirement benefit grow. You can then switch to your own retirement benefit at age 70, when it reaches its maximum amount. Conversely, you can claim your own benefit early and switch to the survivor benefit when you reach your survivor FRA.

Will Remarrying Affect Your Survivor Benefits?

Your marital status can make or break your eligibility for a survivor benefit, depending entirely on your age when you remarry:

• Remarrying before age 50: You will lose your eligibility for survivor benefits on your ex-husband’s record unless that subsequent marriage ends due to death, divorce, or annulment.
• Remarrying between 50 and 59: You generally cannot collect benefits, though there are exceptions if you have a qualifying disability when you remarry.
• Remarrying after age 60 (or 50 if disabled): Your new marriage will not affect your survivor benefits. You can continue to collect on your deceased ex-husband’s record. Once you reach age 62, you can even switch to spousal benefits on your new husband’s record if that amount is higher.

Does Claiming Affect His Current Wife or Family?

Absolutely not. If you claim survivor benefits as a divorced spouse, it will not reduce or impact the payments made to your late ex-husband’s current widow or any other former spouses claiming on his record. Your benefit is calculated independently.

The only exception is if you are claiming benefits specifically because you are caring for his child who is under 16 or disabled. In that scenario, your benefits may affect the “family maximum” limit, which caps the total amount paid out to the family.

How to Apply for Divorced Spouse Survivor Benefits

Unlike standard retirement benefits, you cannot apply for survivor benefits online. You must apply either by phone or in person.

To set up an appointment, call the Social Security Administration at 1-800-772-1213 (or TTY 1-800-325-0778) between 8:00 a.m. and 7:00 p.m., Monday through Friday. You can also visit your local Social Security office.

You should gather the following documents to support your application, but do not delay applying even if you are missing some, as the SSA can help you obtain them:

• Proof of your ex-husband’s death, such as a death certificate or a statement from the funeral home.
• Your marriage certificate and final divorce decree.
• Your birth certificate.
• The Social Security numbers for you, your deceased ex-husband, and any dependent children.
• W-2 forms or self-employment tax returns for the most recent year.