Whether you can receive benefits after your ex-husband's death
If your ex-husband dies, you may be able to receive survivor benefits based on his Social Security record — but only if your marriage lasted at least 10 years and you meet other conditions set by Social Security. You do not automatically get his benefits; you have to contact Social Security and provide proof of the death and your marriage. The amount you receive depends on your age, whether you are caring for his children, and what your own Social Security record shows.
The key rule is the 10-year marriage requirement. If you were married for exactly 10 years or longer, you may may have access to. If the marriage lasted 9 years and 11 months, you do not. Social Security counts the years from the date you married to the date the divorce became final.
Key Takeaways
- You must have been married to your ex-husband for at least 10 years to receive survivor benefits after his death.
- You can receive benefits at age 60 as an unmarried ex-spouse, or at age 50 if you are disabled, regardless of your ex's age when he died.
- If you are caring for his biological or legally adopted child who is under 16, you may receive benefits at any age.
- Contact Social Security with a death certificate and proof of your marriage to start the process; you do not need a lawyer.
- Your own Social Security benefit amount may be higher than the survivor benefit, in which case you receive your own benefit instead.
The 10-year marriage rule and how Social Security counts it
Social Security requires that you and your ex-husband were married for at least 10 years. This is a hard cutoff — nine years and 11 months does not count. The 10 years are measured from your wedding date to the date your divorce was finalized by a court, not the date you separated or stopped living together.
If you were married multiple times, Social Security can count each marriage toward the 10-year requirement only if each marriage lasted at least two years. So if you were married to your ex for 8 years, then married someone else for 3 years, then divorced that person, you still do not meet the 10-year threshold for your first ex-husband's benefits. However, if you were married to your first ex for 8 years and your second ex for 3 years, and you are now divorced from both, you may may have access to on the second ex's record if he dies.
Your age and what benefits you can receive
Your age determines when you can start receiving survivor benefits. At age 60 or older, you can receive a reduced survivor benefit as an unmarried ex-spouse. The reduction is typically around 71 to 75 percent of what your ex-husband was receiving or would have received at his full retirement age — the exact percentage depends on your age when you start.
If you are between 50 and 59 and disabled, you may receive survivor benefits at the same reduced rate as someone age 60. Disability must have started before your ex-husband died or within seven years after his death. You will need to provide medical evidence to Social Security.
If you are caring for your ex-husband's biological or legally adopted child who is under age 16, you can receive benefits at any age. This is sometimes called a "caretaker benefit." The child must also be under 16 and receiving survivor benefits on your ex's record.
What you need to provide to Social Security
To start the process, contact your local Social Security office or call 1-800-772-1213. You will need to provide an original or certified copy of your ex-husband's death certificate. You can obtain this from the vital records office in the county or state where he died.
You will also need proof of your marriage, such as a marriage certificate, and proof that your marriage lasted at least 10 years. If you changed your name after the divorce, bring a document showing the name change, such as a divorce decree or court order. Bring your own Social Security number and birth certificate as well.
If you are claiming benefits as a caretaker of a child under 16, bring the child's birth certificate and proof that the child is in your care. If you are claiming based on disability, bring medical records documenting your disability and the date it began.
How your own benefit compares to the survivor benefit
Social Security will compare your own retirement or disability benefit to the survivor benefit you are may have access to to based on your ex-husband's record. You receive whichever amount is higher — Social Security does not pay both.
If you have worked and earned your own Social Security benefit, it may be larger than the survivor benefit. For example, if your ex-husband's full retirement age benefit was $2,000 per month and you are age 60, your survivor benefit would be roughly $1,420 per month. But if your own retirement benefit at age 60 is $1,600 per month, you would receive your own benefit instead.
You do not have to choose which benefit to receive — Social Security automatically pays you the higher amount. However, you must contact Social Security to claim the survivor benefit; it is not paid automatically.
Remarriage and how it affects your benefits
If you remarry before age 60, you lose the right to receive survivor benefits on your ex-husband's record. If you remarry at age 60 or later, you can keep receiving the survivor benefit. This rule applies only to ex-spouse survivor benefits; it does not affect your own retirement benefit.
If you remarry and then your new marriage ends in divorce or death, your right to the survivor benefit on your first ex-husband's record is restored, provided you meet all other requirements.
What happens if your ex-husband remarried
Your ex-husband's remarriage does not affect your right to survivor benefits. Social Security pays survivor benefits to all people who are may have access to to them based on the deceased's record — ex-spouses, current spouses, children, and parents, depending on who meets the requirements.
If your ex-husband's current spouse is also may have access to to survivor benefits, both of you receive benefits. The total amount paid to all family members is limited to a family maximum, which is typically 150 to 180 percent of what your ex-husband was receiving. If the total exceeds the family maximum, each person's benefit is reduced proportionally.
Frequently Asked Questions
Do I have to be divorced to receive survivor benefits on my ex-husband's record?
Yes. If you are still married to him at the time of his death, you are considered a widow or widower, not an ex-spouse, and different rules explore. You would not need to meet the 10-year marriage requirement. Contact Social Security when ready after his death to determine which rules explore to you.
What if my ex-husband and I were married for exactly 10 years?
You meet the requirement. Social Security counts 10 years as the minimum, so a marriage that lasted exactly 10 years qualifies you for survivor benefits if you meet the other conditions.
Can I receive survivor benefits if my ex-husband was not yet receiving Social Security when he died?
Yes. You do not need your ex-husband to have started collecting benefits. As long as he had earned enough work credits during his lifetime — typically 40 credits, which is about 10 years of work — his record can support survivor benefits for you and other family members.
How long does it take to receive survivor benefits after I contact Social Security?
Processing time varies, but Social Security typically makes a decision within two to three months if you provide all required documents. If documents are missing, the process takes longer. Benefits are usually paid monthly, starting the month after Social Security approves your claim.
What if I think my ex-husband earned more than what Social Security has on record?
You can request that Social Security review his earnings record. Bring documents such as tax returns or W-2 forms showing the income you believe is missing. Social Security will investigate and correct the record if an error is found, which may increase your survivor benefit.