My brother , DOB August, 1955, passed in May 2022. He had been on disability then social security when he reached FRA at 66+2 months. His ex wife, DOB May, 1957, has not filed for her social security which would be much less than her ex husband’s benefit when he died. They were married longer than 10 years, Her part time income is well below what is allowed to work and receive benefits. What documents will she need as an ex wife and when should she file? Thank you.

Hi. I'm sorry for your loss. The best filing strategy for someone who potentially qualifies for both survivor benefits and their own benefits depends on a number of different factors. All that I can really tell you based on the limited information in your question is that if your brother's ex was born in May of 1957, then she wouldn't want to wait past July of 2023 to claim survivor benefits. However, her best filing strategy before or after that would depend on how her survivor rate compares to her own Social Security retirement benefit rate. It sounds like your brother's ex-spouse should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully compare and analyze all of her options so that she can determine her best strategy for maximizing her benefits.

As far as what documents will be needed, in most cases the only document needed when applying for divorced spousal benefits is a certified copy of the divorce decree. However, if the divorce decree doesn't show the date of marriage, then a marriage certificate would also be required.

Best, Jerry