Ask Larry

Can You Still Receive Spousal Benefits If You Were Divorced At The Time Of Death?

Can you still receive spousal benefits after taking social security and we’re divorced at time of death?

Hi. I assume you're asking if you can receive survivor benefits from the Social Security record of a spouse from whom you were divorced at the time of death. The answer is yes, at least potentially. In order to qualify for surviving divorced spousal benefits all of the following must be true:
a) You are at least age 60, or at least age 50 and disabled; and,
b) Your marriage to the deceased must have lasted for at least 10 years; and,
c) You must be unmarried, or your current marriage must have occurred when you were at least age 60.

Furthermore, if you're already drawing your own benefits then you could only qualify for additional survivor benefits if your survivor rate is higher than your own benefit rate.

I should also note that survivor benefits can potentially be paid to a divorced spouse who was married for less than 10 years, but only if they have a child in their care who qualifies for child benefits and who is either under age 16 or is disabled.

Best, Jerry

Posted: 
Apr 7 2021 - 9:37am
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