If My Ex-Husband Dies, Do I Get His Social Security? The Answer Might Surprise You

If your ex-husband passes away, you may still qualify for Social Security survivor benefits, even years after divorce. These payments can significantly impact retirement income, particularly for those with lower lifetime earnings or caregiving gaps. Key eligibility factors include length of marriage, age at claim, and remarriage status. Survivor benefits can equal up to 100% of your ex-husband’s benefit and may be higher than your own retirement benefit, but they are not automatic, you must apply directly through the Social Security Administration (SSA).

• 10-year rule: You must have been married for at least 10 consecutive years to qualify.
• Age matters: Benefits can begin at 60 (reduced) or full retirement age (100%); disabled ex-spouses may qualify at 50.
• Remarriage rule: Remarrying before age 60 typically ends eligibility, but remarriage after 60 does not.
• Benefit choice: SSA pays whichever is higher, your own retirement benefit or survivor benefit.
• Application required: Benefits are not automatic; call SSA at 1-800-772-1213 or visit a local office to apply with proof of marriage, divorce, and death certificate.

If your ex-husband passes away, one of the pressing financial questions you may face is whether you can claim Social Security benefits based on his record. The answer is yes, in certain cases, divorced spouses can receive survivor benefits, even years after a divorce. These benefits can play a critical role in bridging retirement income gaps, especially for those who either earned less during their careers or left the workforce for caregiving responsibilities.

Understanding how Social Security survivor benefits work, who qualifies, and what steps to take can help you make informed decisions about your financial future.

What Are Social Security Survivor Benefits?

Social Security survivor benefits are monthly payments made to the eligible family members of a deceased worker. The Social Security Administration (SSA) designed these payments to replace part of the income that would have supported the household if the worker were still alive. Survivors who may qualify include widows, widowers, minor children, disabled children, and divorced spouses who meet specific eligibility criteria.

For divorced spouses, survivor benefits can be particularly valuable, since they provide financial support even when the marriage ended years, or even decades, ago.

Eligibility Rules for Divorced Spouses

Not all divorced spouses automatically qualify. The SSA has set clear rules that determine whether you are eligible for survivor benefits on your ex-husband’s record.

The 10-Year Marriage Requirement

To qualify, you must have been legally married to your ex-husband for at least 10 consecutive years. If the marriage lasted even a day less than 10 years, you generally cannot claim survivor benefits. This rule ensures that the benefits are reserved for long-term marriages rather than short-term unions.

Age and Remarriage Rules

Age plays a key role in determining when you can collect survivor benefits:

• Age 60 or older: You can begin receiving reduced benefits as early as age 60.

• Full retirement age (FRA): At FRA (currently between 66 and 67, depending on your birth year), you are eligible for 100% of the survivor benefit.

• Disabled ex-spouses: If you are disabled, you can claim benefits as early as age 50.

Remarriage also matters:

• If you remarry before age 60, you typically forfeit your right to claim survivor benefits on your ex-husband’s record.

• If you remarry at or after age 60, you may still qualify for benefits, even with a new spouse.

Your Own Work Record vs. Survivor Benefits

Social Security pays you whichever benefit is higher, your own retirement benefit or the survivor benefit. This means that if your ex-husband’s record provides a larger monthly payment than your own earnings history, the SSA will pay you the higher amount.

How Much Can You Receive?

The amount you can receive depends on several factors, including your age at the time of application, your ex-husband’s earnings record, and your caregiving responsibilities.

• Full retirement age: You may receive up to 100% of the benefit your ex-husband was entitled to at the time of his death.

• Age 60: Claiming early reduces your monthly payment to about 71.5% of the full benefit.

• Caring for children: If you are caring for a child under age 16 or a disabled child of your ex-husband, you may qualify for benefits at any age.

It is also important to note that your survivor benefit does not reduce the benefits available to other eligible survivors. A current spouse, children, or other dependents can still claim their share without affecting your payments.

Steps to Claim Survivor Benefits

If you believe you qualify, you should begin the application process as soon as possible. Benefits are not retroactive beyond the application date, so delaying could mean lost payments.

1. Gather essential documents

   • Marriage certificate

   • Divorce decree

   • Death certificate of your ex-husband

   • Proof of your age and identity (such as a birth certificate or driver’s license)

2. Contact the SSA
   Survivor benefits applications cannot be completed online. Call the SSA at 1-800-772-1213 or visit your local Social Security office to start your claim.

3. Submit your application promptly
   Since benefits are not paid automatically, applying quickly ensures you don’t miss out on months of payments.

Common Misunderstandings About Survivor Benefits

There are several misconceptions that often confuse divorced spouses about survivor benefits. One is the idea that you need permission from your ex-husband’s family or his current spouse. That is not true, eligibility is based strictly on SSA rules, and no one else’s approval is required.

Another misunderstanding is that divorce disqualifies you. In reality, as long as you were married for ten years and meet the age or disability requirements, you may still be eligible, even if you have been divorced for decades.

Finally, many people do not realize that you can switch benefits. For example, you might begin with survivor benefits at age sixty and then later switch to your own retirement benefit at age seventy, when it reaches its maximum. This strategy can help maximize lifetime income.

Why This Matters for Retirement Planning

For many divorced individuals, survivor benefits represent a crucial source of retirement income. Women, in particular, often face lower lifetime earnings due to caregiving breaks or wage disparities, making survivor benefits a meaningful way to secure financial stability later in life.

Planning how and when to claim benefits is not just about maximizing the dollar amount. It also involves considering health, life expectancy, and overall retirement income strategy. Consulting with a financial planner or contacting the SSA directly can help tailor the decision to your circumstances.

Conclusion

Yes, you may be able to claim Social Security survivor benefits based on your ex-husband’s record after his death. The crucial factors include whether your marriage lasted at least ten years, your age at the time of application, and whether you remarried before or after sixty. If you qualify, these benefits can provide substantial support and improve financial stability in retirement.

---

For a full overview of Social Security benefits, rules, and common questions, see our Social Security Explained guide.