What Happens If Your Ex-Spouse Passes Away?
The rules shift dramatically if your former spouse passes away. At that point, you transition from a divorced spouse to a surviving divorced spouse. This shift fundamentally changes how your benefits are calculated and when you can claim them.
As a surviving divorced spouse, you are eligible to receive up to 100% of your deceased ex-spouse’s benefit amount, rather than the 50% cap applied while they are living. Additionally, the age requirements are more lenient; you can begin claiming survivor benefits as early as age 60, or age 50 if you are legally disabled.
The remarriage rules also feature a critical exception for survivors. If you remarry before age 60, you cannot collect surviving divorced spouse benefits. However, if you wait until after your 60th birthday to remarry, your new marriage will not affect your eligibility to claim or continue collecting survivor benefits based on your deceased ex-spouse’s record.
Here is a quick overview of how the two benefit types differ:
| Feature | Divorced Spousal Benefits | Surviving Divorced Spouse Benefits |
|---|---|---|
| Maximum Amount | Up to 50% of ex-spouse’s FRA benefit | Up to 100% of ex-spouse’s benefit |
| Earliest Claiming Age | Age 62 | Age 60 (Age 50 if disabled) |
| Remarriage Penalty | Benefits stop if you remarry at any age | Can remarry after age 60 without losing benefits |
| Ex-Spouse Status | Must be living | Must be deceased |
Once you want to claim your own benefits..can you stop 1/2 payment from your ex & start your own since it is higher?
The increase is only your benefit amount or his. Whichever is the higher. No stacking of yours & some of his. Men usually earn more then a woman. You are entitled to the higher amount & it doesn’t affect his monthly amount he gets. Call the SS administration. This is something I’ve known about since I was in my 40’s, it’s unfortunate that SS keeps it quiet. You are entitled to his monthly amount, instead of yours, if his is higher.
Could depend if you were in a common law state. Call SS admi to find out
Call SS & find out
No. Just your own benefits. Gotta have 10 yrs of marriage to collect off of a spouse
Not some of his. It’s about if his amount would be higher then yours, you could draw his higher amount. Not your own. And it doesn’t affect his monthly amount either.
What benefits am I entitled to if i divorced my husband after 10 years then remarry at 32 years, both spouses die. I am 77 years old
I wasn’t married for ten years can I claim anything?
I lived with my spouse for 40 years but we never married, am I entitled to anything??
Suppose my Ex got married again?