Yes, you can potentially receive Social Security benefits based on your ex-husband's earnings record if he dies, often at a higher rate than you might receive while he is alive. This is known as a divorced widow's or widower's benefit.
Eligibility for Divorced Widow(er) Benefits
To qualify for Social Security divorced widow(er) benefits after your ex-husband's death, you must meet specific criteria set by the Social Security Administration (SSA). These requirements ensure that the benefit is provided to eligible individuals while maintaining the integrity of the Social Security system.
Here are the key eligibility requirements:
- Marriage Duration: Your marriage to the deceased must have lasted for at least 10 years. This is a fundamental requirement for claiming benefits as a divorced spouse.
- Remarriage Status: You must not be currently married, unless your remarriage occurred after you reached age 60 (or age 50 if you are disabled). If you remarry before these ages, you generally lose eligibility for benefits on your former spouse's record.
- Age Requirement: You must be at least 60 years old to claim these benefits, or at least 50 years old if you are disabled.
- Benefit Comparison: The benefit you would receive based on your ex-husband's record must be higher than any Social Security benefit you are eligible for on your own work record. The SSA always pays the higher of the two amounts.
- Dependency: You do not need to prove financial dependency on your ex-husband. As long as you meet the other criteria, you are eligible.
This table provides a quick overview of the essential criteria:
| Requirement | Description |
|---|---|
| Marriage Length | At least 10 years |
| Remarriage | Not remarried before age 60 (or 50 if disabled) |
| Age | At least 60 (or 50 if disabled) |
| Benefit Amount | The benefit on ex-spouse's record must be greater than your own |
| Dependency | Not required |
Understanding Divorced Widow(er) Benefits
While your ex-husband is alive, you might be eligible for a divorced spouse's benefit, which is typically up to 50% of his full retirement benefit. However, when he passes away, your eligibility shifts to a divorced widow's benefit, which can be significantly higher.
According to the Social Security Administration, most divorced women collect their own Social Security while the ex-husband is alive, but can apply for higher widow's rates when he dies. This is because a divorced widow(er) can receive up to 100% of the deceased ex-spouse's basic Social Security benefit, provided they have reached their own full retirement age.
How Benefits Are Calculated
The amount of your divorced widow(er)'s benefit depends on several factors:
- Your Age: If you claim benefits at your full retirement age or later, you can receive 100% of your deceased ex-husband's basic benefit amount.
- Claiming Early: If you claim benefits earlier than your full retirement age (between age 60 and your full retirement age), your benefit amount will be reduced.
- Deceased's Benefit: The benefit is based on the amount your ex-husband was receiving at the time of his death, or the amount he would have been eligible for if he had started receiving benefits.
Important Considerations
- No Impact on Others: Claiming a divorced widow(er)'s benefit on your ex-husband's record does not affect the Social Security benefits received by his current spouse, children, or any other beneficiaries. Your claim is independent and will not reduce their payments.
- Applying for Benefits: It's generally advisable to contact the Social Security Administration directly to discuss your specific situation and apply for benefits. They can provide personalized guidance and confirm your eligibility based on your individual circumstances. You can find more information on their official website, such as in publications like 5 Things Every Woman Should Know About Social Security.
- Coordination of Benefits: If you are eligible for benefits on both your own work record and your ex-husband's record, the SSA will pay you the higher of the two amounts. You won't receive both benefits simultaneously, but rather the larger of the two.
By understanding these rules, you can determine if you are eligible to receive Social Security benefits based on your ex-husband's earnings record after his passing.
