Hi Larry, I don't think I phrased my prior question correctly. I am currently drawing social security benefits based on my work record. I am in my 70s. My former spouse who I was married to for more than 10 years recently passed away. I never remarried. I am applying for divorced spousal survival benefits and since he maxed out social security contributions for almost 35 years his social security check is much higher than mine, I believe I am entitled to a benefit amount equal to his higher social security benefit in place of mine. Social security claims as a former spouse I am only entitled to 82% of his benefit instead of mine (which would still be higher than my current benefit). Their own website states otherwise.

Hi. I obviously don't know all of the facts involved in your case, but it sounds like what you describe being told refers to what is called a RIB-LIM computation (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615320). Both widows and surviving divorced spouses can potentially be paid up to their deceased spouse's full benefit rate. But, if the deceased spouse collected reduced Social Security retirement benefits prior to their death, then the maximum benefit rate that can be paid to a qualifying widow or surviving divorced spouse is the higher of a) the deceased spouse's reduced benefit rate inclusive of any cost of living (COLA) increases that occurred after their death, or b) 82.5% of the deceased spouse's primary insurance amount (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).

Therefore, if your ex-spouse started collecting his Social Security retirement benefits prior to full retirement age (FRA), then your survivor rate may be limited to 82.5% of his PIA depending on at what age he started collecting benefits. However, the RIB-LIM formula applies to both widow's benefits and surviving divorced spousal benefits, so your ex's widow wouldn't be entitled to a higher survivor rate than would you.

Also, even if you are eligible for survivor benefits you won't switch from collecting your own benefits to drawing only survivor benefits. Instead, you would continue to be paid your own benefit plus a partial survivor amount that would bring your total benefit rate up to the higher survivor amount.

Best, Jerry