Hi Larry,

Last year when I turned 66, I did a file and suspend on my benefit to claim 1/2 of my current spouse's Social Security which was very minimal. My current spouse passed away and I was switched to survivor benefit on his record which was a very small amount. Social Security asked me if I had been previously married for longer than 10 years.

I had been married for 14 years so they asked me to provide them the documentation of our marriage and divorce. In the meantime, my ex-husband passed away. Does that mean I would be eligible for survivor benefits on his record or only the 1/2 spousal benefit?

Thank you,

Mary

Hi Mary,

I'm sorry for your loss.

You couldn't collect either spousal or survivor benefits if you actually did file for and suspend your own benefits, so what you apparently did instead was file a restricted application for spousal benefits only (https://www.ssa.gov/planners/retire/claiming.html?intcmp=AE-RET-PLRT-REL...).

Spousal benefits automatically convert to survivor benefits if the surviving spouse is at least full retirement age (FRA) when the worker dies, so you should have been converted to the higher survivor rate when your husband died. But, if you're eligible for a higher rate on a divorced spouse's record you can apply for those benefits instead.

The unreduced benefit rate payable to surviving divorced spouse's is normally equal to the deceased worker's primary insurance amount (PIA), which is equal to their full Social Security retirement benefit amount if they start drawing at FRA. However, a surviving divorced spouse can be paid more than the worker's PIA if the worker died after FRA and earned delayed retirement credits (DRC). But, if the deceased worker drew reduced Social Security retirement benefits prior to their death then a surviving divorced spouse's benefit rate would be limited to no more than the higher of a) the worker's reduced benefit rate, or b) 82.5% of the worker's PIA.

If you have delayed filing for your own benefits then it sounds like you have a number of different options to consider. You may want to strongly consider using our software ( https://maximizemysocialsecurity.com/purchase) to compare your various options so that you can determine the best strategy for maximizing your benefits.

Best, Jerry