Ask Larry

If I Die Will My Ex Be Able To Draw From My Social Security?

I've been divorced since 1991. I'm retired now and 67 years old. I was married 15 years. If I die will my ex be able to draw from my social security?

Hi,

Potentially, yes, but your ex could only qualify for survivor benefits from your record if he or she is unmarried, or if married got married at age 60 or older. Also, your ex would need to be at least age 60, or at least age 50 and disabled, in order to qualify for survivor benefits, and if he or she is already drawing their own benefits they'd only be eligible for survivor benefits if the survivor rate is higher than their own benefit rate (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html).

Best, Jerry

Posted: 
Apr 21 2020 - 5:13pm
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