Can an ex-spouse get Social Security survivor benefits?
Yes, often. If you were married at least 10 years and you are 60 or older (50 to 59 with a disability), you may get monthly survivor benefits on your ex-spouse's work record after they die, even years after the divorce and even if they remarried. It doesn't lower what their widow or children get. Many families never ask, so the money goes unclaimed.
What are the rules for a divorced spouse?
- The marriage lasted at least 10 years.
- You are 60 or older, or 50 to 59 with a disability.
- You didn't remarry before 60 (50 if disabled). Remarrying at 60 or later doesn't stop the benefit.
- Your ex-spouse worked long enough in the U.S. and paid Social Security taxes.
Exception: if you take care of your ex-spouse's child who is under 16 or has a disability, the age and 10-year rules don't apply. Source: SSA, Survivors Benefits (EN-05-10084).
Does it take money away from their new spouse or children?
Generally no. Benefits to a surviving divorced spouse don't affect the amounts other survivors get on the same record. The exception is when the divorced spouse is caring for the worker's child under 16 or disabled. Source: SSA, Survivors Benefits (EN-05-10084).
My ex died years ago. Is it too late?
No, but you can't collect for all the past years. Survivor claims generally pay up to six months before the month you apply. The sooner you apply, the less you lose. Source: SSA Handbook §1513.
What if my ex worked in Mexico or another country?
Only work that paid U.S. Social Security taxes builds the record. Some countries have agreements with the U.S. that count work in both places, but Mexico isn't on Social Security's list of agreements in force. If your ex worked part of their life in the U.S., ask Social Security to check their record. Source: SSA, international agreements in force.
What if I already get my own Social Security?
Social Security pays the higher of your own benefit or the survivor benefit, not both. Ask them to compare. Source: SSA, survivor benefits.
What do I need to apply?
- [ ] Your ex-spouse's Social Security number
- [ ] Proof of death (death certificate; a foreign death certificate with a translation)
- [ ] Your marriage certificate
- [ ] Your divorce decree
- [ ] Your birth certificate and Social Security number
- [ ] Your bank information for direct deposit
Social Security asks for originals or copies certified by the office that issued them, and helps you get what's missing, so don't wait to call. Call 1-800-772-1213 or go to a local office. Sources: SSA, what survivors need to apply, SSA, Survivors Benefits (EN-05-10084).
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Frequently asked questions
How long do you have to be married to get survivor benefits as an ex-spouse?
At least 10 years, unless you're caring for the worker's child under 16 or disabled.
Can I get survivor benefits from my ex if I remarried?
Yes, if you remarried at 60 or later (50 or later with a disability). Remarrying before that generally stops it.
Does my claim reduce what his widow gets?
Generally no. A divorced spouse's benefit doesn't affect the other survivors' amounts.
Is this legal or financial advice?
No. It's general information from Social Security. Social Security decides who qualifies.
Sources
- ssa.gov/pubs/EN-05-10084.pdf
- ssa.gov/OP_Home/handbook/handbook.15/handbook-1513.html
- ssa.gov/pubs/EN-05-10505.pdf
- ssa.gov/international/status.html
- ssa.gov/benefits/survivors/ifyou.html
General information, not legal or financial advice. Rules change; check the official sources above or talk to a licensed professional about your situation.
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