I retired and filed for my Social Security benefits at age 70. My question is about filing for benefits as a surviving divorced spouse, since my ex-husband recently passed away.

A bit of background: prior to filing for my own benefits, I had filed for and had been receiving Social Security benefits based on my ex-husband’s earnings. I filed for those benefits at my Full Retirement Age. That filing was prior to the Social Security rules change regarding spouses and former spouses. Around 2015, as I recall. Then, I switched to benefits based on my own earnings at age 70, as mentioned above.

Yes, we were married for more than 10 years.
Yes, I have not remarried.
And yes, I bought, read and studied your book, Get What’s Yours (the original edition). Plus others, including Money Magic.

Now, my question: do I qualify for benefits based on my late ex-husband’s earnings?
(He earned significantly more than I did.)

Thank you for your help in navigating such a complex, but critical system.

Hi. Yes, as long as your survivor rate is higher than your own benefit rate then it sounds like you'd qualify for surviving divorced spousal benefits. The survivor rate that can be paid to a widow or surviving divorced spouse depends on several factors, including the deceased worker's primary insurance amount (PIA), and their age at the time they died or started collecting Social Security retirement benefits.

Assuming that you are eligible for survivor benefits you'll need to file an application for them. You can't apply for survivor benefits online, though, so you'd need to call Social Security and make an appointment to apply either by phone or in person at a Social Security office.

Best, Jerry