8 Social Security Rules Divorced People Shouldn’t Ignore

Over 40% of Americans nearing retirement miss the chance to claim Social Security benefits from an ex-spouse—often leaving crucial funds behind. This is especially significant for women, whose retirement security can be greatly impacted. Understanding these benefits is key, but how do you know what you’re entitled to?

Here are eight important questions and answers to guide you through claiming survivor benefits as a divorced person.

1. What are the basic eligibility requirements?

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The path to claiming your ex-spouse’s Social Security benefits starts with meeting fundamental criteria. The Social Security Administration has established clear guidelines that require you to have been married for at least 10 years before divorcing, (ref) and you must currently be unmarried unless you remarried after age 60.

Your age is crucial in determining when you can start collecting these benefits. While the standard age requirement is 60, those with disabilities may qualify as early as age 50. 

This flexibility ensures that those who need support earlier in life have access to these vital benefits.

2.  How much can I receive in survivor benefits?

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Understanding your potential benefit amount involves knowing you could receive up to 100% of your deceased ex-spouse’s Social Security benefit. This amount is notably higher than the 50% available if your ex-spouse still lives, making it a significant financial consideration for many survivors.

The final amount you receive depends on several factors, including your age when you begin collecting and your own work history. 

Starting benefits before your full retirement age will result in a permanent reduction, while waiting until the full retirement age ensures maximum monthly payments.

3. Do I need to wait until retirement age to claim?

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No. You can begin receiving reduced benefits as early as age 60, which provides immediate financial support but at a lower monthly amount.

Many survivors face the decision of whether to take early benefits or wait until full retirement age. This choice should be based on your immediate financial needs, health status, and long-term goals. 

The reduction of early claims is permanent, so careful consideration is essential.

4. What if I’m eligible for retirement benefits on my own record?

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You have flexibility in this situation. You can:

  • Start with survivor benefits and switch to your own retirement benefits later if they are higher
  • Begin with your own retirement benefits and switch to survivor benefits at full retirement age

5. Will working affect my survivor benefits?

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Yes. Employment income can affect survivor benefits if you’re below full retirement age. The Social Security Administration applies an earnings test that may reduce your benefits if your income exceeds certain thresholds.

However, these reductions are not permanent. Once you reach full retirement age, the earnings limit no longer applies, and you can work and earn as much as you want without affecting your survivor benefits. 

Any benefits withheld due to excess earnings will be credited to you gradually.

6. What if I remarried?

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The timing of remarriage can significantly impact your eligibility for survivor benefits from a deceased ex-spouse. If you remarry before age 60, you generally cannot receive survivor benefits unless that marriage ends. (ref)

However, marriages after age 60 do not affect your eligibility. This creates important considerations for those contemplating remarriage. 

Some individuals delay remarriage until age 60 to preserve their benefit eligibility, while others prioritize personal happiness over potential financial implications.

7. Do I need special documentation to apply?

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Yes. You’ll need to provide:

  • Proof of marriage and divorce
  • Your ex-spouse’s Social Security number
  • Death certificate: If you don’t have their Social Security number, you can provide their date, place of birth, and parents’ names.

8. Will other family members’ benefits be affected?

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No. Your claiming survivor benefits will not impact benefits paid to other eligible family members, including your ex-spouse’s widow/widower, if they remarried.

Application Process

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Applying for survivor benefits requires personal interaction with the Social Security Administration.

Unlike retirement benefits, survivor benefits cannot be claimed online, necessitating either a phone call or an in-person visit.

Schedule an appointment with your local Social Security office as soon as possible after your ex-spouse’s death. 

Martha A. Lavallie
Martha A. Lavallie
Author & Editor | + posts

Martha is a journalist with close to a decade of experience in uncovering and reporting on the most compelling stories of our time. Passionate about staying ahead of the curve, she specializes in shedding light on trending topics and captivating global narratives. Her insightful articles have garnered acclaim, making her a trusted voice in today's dynamic media landscape.