07 Oct My ex died. Can I get his Social Security?

Q. I’ve just been made aware that I was entitled to collect part of my ex-husband Social Security. We were married for 15 years and I never remarried. He passed away in July 2013. What is the procedure to get this benefit?
— Needing help

A. Thank you for your question.

Social Security benefits can be complicated.

As a divorced spouse you would be able to receive a benefit on your ex-husband’s Social Security so long as certain criteria are met, said Claudia Mott, a certified financial planner with Epona Financial Solutions in Basking Ridge.

Given that he has died, you would be entitled to a survivor benefit, which may mean a larger payment, Mott said.

The following criteria must be met for an individual to file as an ex-spouse prior to their death.
1. The marriage had to have lasted for 10 years or longer.
2. Both you and your ex-spouse must be at least age 62 before you claim a benefit.
3. You must not be remarried.
4. If your ex-spouse is not claiming a benefit, you must be divorced for two years or more.

Fulfilling these criteria will entitle a divorced spouse to one half of their ex-spouse’s full benefit amount, assuming the individual waits until full retirement age to file a claim, Mott said.

However, the value of the 50% benefit must exceed any amount the divorced spouse would be entitled to receive on their own work record, she said.

For example, if half the ex-spouse’s full benefit is $1,000 and the divorced spouse’s full retirement benefit is $800, an additional $200 would be paid to bring the total to $1,000, Mott said.

Additionally, she said, the divorced individual does not have to wait for the ex-spouse to claim benefits to start their application.

As a divorced spouse, you are also eligible to receive a survivor benefit that is similar to those of a widow or widower so long as your marriage lasted 10 years or more, Mott said.

“Unlike regular divorced spouse benefits, remarriage does not affect eligibility for survivor benefits if you remarry after age 60 — or age 50 if disabled,” she said. “As a surviving ex-spouse the benefit you receive will be the same as that of the deceased worker.”

Mott said in the event the individual files for benefits prior to full retirement age, the surviving spouse benefit will also reflect reduction in payment amount that resulted from filing early. As is the case with most benefits, the amount of benefit received would need to exceed the amount the divorced spouse would be entitled to on their own record. Mott said.

To start the process of filing for benefits, call Social Security at (800) 772-1213 or contact a local Social Security Office. Additional information can also be found at ssa.gov/survivor.

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This story was originally published in October 2024.

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