Ask Larry

If My Ex-Spouse Dies Am I Allowed To Claim His Benefit If It's More Than Mine?

Hi Larry, I took your advice a few years back and retired at 71. I am now 73, divorced in 1991, have not remarried. I was my former Spouse's second wife. He now has a 3rd. If he dies, am I allowed to claim his benefit if it is more than mine? ((I have not remarried) Sarah

Hi Sarah. I'm assuming that you were married to your ex-spouse for at least 10 years. In that case, then yes if your ex dies and if his benefit rate is higher than yours it sounds like you'd qualify for survivor benefits. You'd basically only qualify for the higher of your ex's benefit rate or your own benefit rate, though, not both. Your ex's marital status would be irrelevant when determining your eligibility for survivor benefits.

Best, Jerry

Posted: 
Apr 18 2021 - 6:47pm
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.