Ask Larry

Will I Receive The Full Amount That My Ex-Spouse Was Getting?

I started collecting my social security benefits at age 62. I was divorced and collected off my earning credits. My ex spouse just died, we had been married 18 years, and I’m trying to figure out how much more I will collect every month. Will I receive the full amount he was getting?

Hi. The exact amount that you could potentially be paid as a surviving divorced spouse depends on several different factors, such as your current age, whether or not your ex was drawing his benefits, and your ex's age at the time of his death. You couldn't be paid both your own benefit rate and your ex's full benefit rate. Assuming that you're now at least full retirement age (FRA) and if your ex was drawing his benefits, you could potentially be paid up to the higher of a) your benefit rate, b) your ex's benefit rate, or c) 82.5% of your ex'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).

If your ex wasn't yet drawing his benefits and if he died prior to FRA, you could be paid up to the higher of your own benefit rate or your ex's PIA. Or, if your ex wasn't drawing his benefits and if he died after reaching FRA, you could be paid up to the higher of your own benefit rate or the amount that your ex would have been eligible to collect if he'd started drawing benefits effective with the month of his death.

I should also mention that in order to potentially qualify for divorced survivor benefits you must either be currently unmarried, or if you're currently married your present marriage must have begun on or after the day you reached age 60. If you do qualify for survivor benefits and if you start drawing them prior to your FRA, your benefit rate would be reduced for age.

Best, Jerry

Posted: 
Jun 13 2021 - 2:39pm
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