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- Can You Collect Your Ex’s Social Security When They Die? (financebuzz.com)
Navigating Social Security Benefits After Divorce: What You Need to Know
Even after a divorce, financial ties often remain, particularly when it comes to spousal and child support, asset division, and retirement funds. As you approach retirement, understanding your potential Social Security benefits based on your former spouse’s earnings can be a significant advantage.
Depending on factors like the length of your marriage, your current marital status, whether you receive Social Security, and if you had dependents with your former partner, you might be eligible for additional benefits from their Social Security history.
We’ve compiled answers to 12 crucial questions about how the Social Security Administration (SSA) handles spousal benefits, including what happens in the event of your ex-partner’s passing.
1. What are spousal Social Security benefits?
Spousal Social Security benefits are retirement benefits paid to a retired worker’s family based on their earning record. This can include current spouses, former spouses, and children.
2. How are spousal Social Security benefits calculated?
Your spousal benefit can be up to 50% of your former partner’s monthly benefit check, depending on factors such as your age and proximity to retirement. While you can apply for benefits at age 62, doing so before your full retirement age will result in a reduced benefit.
3. Who qualifies for a former spouse’s Social Security benefits?
To qualify for benefits based on an ex-spouse’s Social Security contributions, you generally must have been married for at least 10 consecutive years. In most cases, you must also be at least 62 years old and not currently married.
4. How old does your ex-spouse need to be before you can apply for benefits?
Your former spouse must be at least 62 years old before you can apply for spousal benefits. However, if your ex-spouse has passed away, you may apply for benefits starting at age 60, provided you were divorced for at least two years.
5. Can you apply for benefits earlier than age 62?
If you are disabled and your former spouse earned Social Security wages, you may apply for spousal disability benefits as early as age 50. You must still meet the requirements of having been married for at least 10 consecutive years and divorced for at least two, and you cannot be currently married.
6. What if you’re caring for children you had with your ex-spouse?
If your ex-spouse passes away and you are caring for shared dependents (children aged 16 or younger, or dependents who became disabled before age 22), you can apply for benefits at any age, without waiting until you turn 62.
7. What if you were remarried to someone who has since passed away?
While remarriage typically disqualifies you from claiming an ex-spouse’s benefits, you might be eligible for your first spouse’s benefits if your subsequent spouse has also passed away. In this scenario, you can claim your ex-partner’s benefits if you were married to them for at least a decade. Alternatively, you can collect your more recent partner’s benefits if you were married for at least nine months before their death.
8. If you remarried someone who has since passed away, can you claim benefits based on both their work record and that of your deceased ex-spouse?
No, you cannot collect benefits based on both partners’ work records. You must choose to claim either your first ex-partner’s Social Security benefits or your more recent deceased partner’s benefits.
9. Will your ex’s living beneficiaries be informed if you apply for benefits?
No, the Social Security Administration will not notify your ex-partner (if living) or their other beneficiaries that you have applied to claim benefits based on your ex-spouse’s work history. You do not need their permission to apply, and the SSA will handle your application confidentially.
10. Can you still receive benefits if your ex-spouse’s current partner is also receiving spousal benefits?
Yes. As long as you meet the eligibility criteria, you can receive spousal benefits without affecting any benefits received by your ex-spouse’s other surviving beneficiaries.
11. Can you collect an ex-spouse’s benefits and your own Social Security benefit at the same time?
Yes, you can collect both benefits simultaneously. If you worked and earned Social Security wages, the SSA will first pay your individual benefit. If your spousal benefits based on your ex-spouse’s work history are higher, the SSA will combine your individual benefit with your spousal benefit to ensure you receive the larger amount.
12. Can you still work after applying for spousal benefits?
While spousal Social Security benefits can provide financial relief, they are often not enough to live on their own. You can continue working your regular job or a side gig while collecting spousal benefits based on your ex-partner’s record.
However, your overall benefit amount will be reduced if you receive benefits before your full retirement age. Your full retirement age varies from 66 (for those born in or before 1954) to 67 (for those born in 1960 or later). Additionally, for the 2025 tax year, if you earn more than $23,400, the SSA will deduct $1 from your yearly benefit for every $2 you earn over that amount.
Bottom Line
Being the former spouse of a deceased Social Security beneficiary doesn’t automatically qualify you for spousal benefits. However, if you meet the qualifications, applying through the Social Security Administration’s online application portal can significantly boost your retirement budget and reduce financial stress. Don’t leave these potential benefits unclaimed!
Money Tips That Can Work for Everyone
Regardless of your current financial situation, there are always opportunities to optimize and improve your finances. Here’s a quick checklist of things you can look at today:
- **Focus on paying off your debt. ** Debt can hinder your financial progress.
Beyond cutting expenses, consider tools like balance transfer credit cards and debt counseling to help you pay off debt faster.
- Earning extra income can provide much-needed breathing room.
If finances are tight, supplementing your income can make a huge difference. A new job is an option, but if you’re not ready for a major change or are already retired, a part-time side gig could be a better fit.
- **Cut your expenses. ** This doesn’t have to be painful.
Start by examining your biggest expenses, as these are likely where you’ll find the most significant savings. For example, auto insurance rates have been soaring, so shopping around for a new insurance company could be the fastest way to reduce your bill.
If you have a vacation planned, finding the right travel credit card could help offset travel costs.
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- Can You Collect Your Ex’s Social Security When They Die? (financebuzz.com)