Social Security rules allow a former spouse to claim benefits based on the work record of an ex with higher earnings. The maximum benefit is 50 percent of the higher earner’s full retirement amount. But if this ex-spouse passes away, the benefit can increase to 100 percent of their full amount.
While collecting Social Security on deceased ex-spouse is possible, specific eligibility requirements and payment limits apply. This guide outlines what divorced spouses and their advisors need to know about survivor benefits. Financial advisors can use this resource to help clients plan for retirement income.
Survivor benefits provide monthly Social Security payments to eligible family members, including ex-spouses, after a worker passes away. These benefits are based on the work record and earnings history of the deceased.
For divorced spouses, survivor benefits can be a valuable source of retirement income, especially if the ex-spouse had a larger Social Security benefit. But to collect the payments, they must meet these criteria:
The 10-year marriage requirement, however, is waived if the divorced spouse is caring for their ex-spouse’s child, and the child is under 16 or has a disability. The child must also be eligible to collect Social Security on the deceased ex-spouse’s record.
Benefit amount
Divorced spouses are entitled to survivor benefits equal to their deceased ex-spouse's full retirement benefit amount if they wait until full retirement age (FRA) before collecting.
The FRA for those born between 1945 and 1956 is 66 years old. This increases by two months each year for those born in 1957 to 1961. For those born in 1962 or later, the FRA is 67 years old. Here’s how much a divorcee can claim in survivor benefits for every year they qualify.
You can find out more about the relationship between retirement age and benefit amount in this guide to understanding Social Security benefits.
By remarrying, a divorced spouse generally forfeits collecting Social Security on a deceased ex-spouse’s record. However, there are two exceptions:
If the second marriage ends, they again become entitled to the benefits off the first marriage.
If they remarry after turning 60, or 50 if disabled, they forfeit collecting spousal benefits but retain survivor benefits off the deceased ex-spouse. But if the following applies, the Social Security Administration (SSA) will only pay whichever is the greatest among:
The deceased worker’s remarriage, however, doesn’t affect their ex-spouse’s eligibility for survivor benefits. The SSA will pay the divorced spouse’s and the current spouse’s benefits at the amount they are entitled to.
Find out more about how remarriage affects Social Security survivor benefits in this guide.
The SSA imposes a maximum amount that family members can claim off a deceased worker’s benefits. The cap is usually around 150 percent to 180 percent of the worker’s full retirement benefit, with the exact amount depending on the SSA’s calculation.
The survivor benefits a divorced spouse collects don’t count toward this limit. The rule changes, however, if the divorced spouse receives benefits for caring for the deceased ex-spouse’s child (disabled or under 16), as these count toward the cap.
If the combined benefits for all family members exceed the SSA’s maximum, the benefits for each member will be reduced proportionally until they are within the cap.
Learn more about how Social Security survivor benefits work in this guide.
Applications for survivor benefits, whether for current and divorced spouses, can only be completed by phone or by visiting a local Social Security office. It cannot be done online.
Applicants can call 1-800-772-1213 (TTY: 1-800-325-0778) Monday through Friday between 8 a.m. and 4 p.m. to set up an appointment.
The SSA advises applicants: “Wait times to speak to a representative are typically shorter early in the day (before 10 a.m.) or later in the afternoon (after 4 p.m.). The wait is also shorter later in the week (Wednesday to Friday) and later in the month.”
Appointments can be scheduled within 30 to 60 days. For a faster transaction, the applicant must provide the deceased ex-spouse’s Social Security number.
Here’s a complete checklist of the information that an SSA representative will ask the applicant to provide during the process:
| APPLICATION FOR DIVORCED SPOUSE SURVIVOR BENEFITS: WHAT INFORMATION DO YOU NEED TO PROVIDE? |
|---|
| ☐ Applicant’s name and Social Security number |
| ☐ Applicant’s name at birth if different |
| ☐ The deceased ex-spouse’s name, sex, Social Security number, date of birth, date of death, and place of death |
| ☐ Applicant’s date of birth and place of birth (state or country) |
| ☐ Whether a public or religious record was made of the applicant’s birth before age five |
| ☐ Applicant’s citizenship |
| ☐ Whether the applicant has used any other Social Security number |
| ☐ The state or country of the deceased ex-spouse’s fixed permanent residence at the time of death |
| ☐ Whether the applicant or anyone else has filed for Social Security benefits, Medicare, or Supplemental Security Income on their behalf (if so, they will be asked for information on whose Social Security record they applied) |
| ☐ Whether the deceased ex-spouse has filed for Social Security benefits, Medicare, or Supplemental Security Income |
| ☐ Whether the applicant was unable to work because of illnesses, injuries or conditions at any time within the past 14 months (if so, they will be asked to provide the date they were unable to work) |
| ☐ Whether the deceased ex-spouse was unable to work because of illnesses, injuries or conditions at any time during the 14 months before their death (if so, they will be asked to provide the date the deceased ex-spouse was unable to work) |
| ☐ Whether the applicant or the deceased ex-spouse served in the military before 1968 and, if so, the dates of service and whether they receive or are eligible to receive pension from a military or federal civilian agency |
| ☐ Whether the applicant or the deceased ex-spouse worked for the railroad industry |
| ☐ Whether the applicant or the deceased ex-spouse earned social security credits under another country's social security system |
| ☐ Whether the applicant qualified for or expect to receive pension or annuity based on their employment with the US federal government or one of its states or local subdivisions |
| ☐ The names, dates of birth (or age) and Social Security numbers (if known) of the applicant’s or the deceased worker's former spouses |
| ☐ The dates and locations of the applicant’s marriages, and for marriages that have ended, how, when, and where they ended |
| ☐ The dates and locations of the deceased ex-spouse's marriages, and for marriages that have ended, how, when, and where they ended |
| ☐ The amount of the deceased ex-spouse's earnings in the year of death and the preceding year |
| ☐ Whether the deceased ex-spouse had earnings in all years since 1978 |
| ☐ The applicant’s earnings for this year, last year, and next year |
| ☐ Whether the deceased ex-spouse had a parent who depended on them for half of their support at the time of their death or at the time they became disabled |
| ☐ The month the applicant wants their benefits to start |
| ☐ If the applicant is within three months of age 65, whether they want to enroll in medical insurance (Medicare Part B) |
The SSA representative may ask for additional information depending on the applicant’s answers to the questions in the list.
As for the documents, the applicant will be asked to provide the following:
| APPLICATION FOR DIVORCED SPOUSE SURVIVOR BENEFITS: WHAT DOCUMENTS DO YOU NEED TO PROVIDE? |
|---|
| ☐ The deceased ex-spouse’s death certificate or other proof of death |
| ☐ The applicant’s birth certificate or other proof of birth |
| ☐ Proof of the applicant’s US citizenship or lawful alien status if they were not born in the US (more info) |
| ☐ US military discharge paper(s) if the applicant served in the military before 1968 |
| ☐ For disability benefits, forms SSA-3368 and SSA-827 that describe the applicant’s medical condition and authorize disclosure of information to the SSA |
| ☐ W-2 forms and/or self-employment tax returns for last year |
| ☐ Final divorce decree |
| ☐ Marriage certificate |
The SSA also advises divorced spouses to apply for survivor benefits as soon as possible. This is because the application date can affect when they can start collecting Social Security on a deceased ex-spouse.
Find out important rules for Social Security for divorce in this guide.
Collecting survivor benefits from an ex-spouse can provide important financial support for clients after a divorce and the death of a former partner. Advisors should review each client’s marriage history, age, and marital status to confirm eligibility. Understanding these details helps ensure clients receive the maximum benefit possible.
Financial planners should also keep track of any changes to Social Security rules and payment limits. Encourage clients to gather all required documents before applying for survivor benefits. Staying informed allows advisors to guide clients through each step and help secure their retirement income.
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