Ask Larry

Can I Draw Widow's Benefits From My Deceased Ex-Spouse's Account?

Hi Larry, Of my 2 divorces ,My first husband of 18 yrs passed away in 2018. I draw his Soc Sec survival benefits for each one of my 3 at home children they each get 470 . Can I draw widows benefits also ?

Hi. It sounds like you might qualify for either surviving divorced spouse's or mother's benefits (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0416.html), but if you have 3 children who are already drawing benefits on your ex's record then it's likely that any benefits that you receive would reduce your children's benefits by an equal amount due to the family maximum benefit (FMB).

For example, say Bill dies leaving a former spouse and 3 minor children. Bill's primary insurance amount (PIA) is $1000, and the FMB that can potentially be paid on Bill's record per month is $1500. Surviving children, and surviving spouse's or ex-spouse's who have an eligible child in their care, can potentially be paid up to 75% of the deceased worker's PIA. However, the total amount payable on a person's account can't exceed the FMB.

So, in our example above, Bill's 3 children and his ex-wife could potentially each be paid up to $750 per month (i.e. 75% x $1000). However, it would would exceed the FMB if they were all paid that much. So, Bill's ex-wife and children would split the $1500 FMB and be paid $375 each. If Bill's ex-wife didn't apply for benefits, his 3 children would split the FMB and receive $500 each. So, in other words, the total payable per month in this example would be the same regardless of whether or not Bill's ex-wife chooses to apply for survivor benefits for herself.

Note, though, that I don't have access to your ex's Social Security records, so I have no way of knowing the actual amount of his PIA or FMB. I would suggest that you contact Social Security and ask them to explain your options.

Best, Jerry

Posted: 
Mar 10 2021 - 4:04pm
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