Is It True That I Could Get Social Security Benefits If My Ex-Husband Dies?

Jan 13 2021 - 8:38am

I have heard someone say this is true that I can get the social security benfits when my ex husband would pass if i were 65 I am 61 right now and we were married 13 years and divorced and i did not ever remarry And i would get money before his ex wife too is this or has this any truth to ti.

Hi,

Yes, it sounds like you would probably meet the requirements for surviving divorced spousal benefits if your ex dies. Your ex's marital history aside from your marriage wouldn't matter to your eligibility. Even if your ex has another spouse or ex-spouse(s) who qualifies for benefits, it wouldn't adversely affect your potential divorced spousal benefits. The requirements for surviving divorced spousal benefits are listed in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0403.html.

Furthermore, even while your ex is living you may be able to qualify for divorced spousal benefits as early as age 62. However, your could only be eligible for divorced spousal benefits while your ex is living if a) your ex is at least age 62 or drawing his Social Security benefits, and b) your own primary insurance amount (PIA) is less than 50% of your ex-spouse's PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

Best, Jerry