How much of my ex husband's Social Security will I get when he dies?

If your ex-husband dies, you could receive up to 100% of his full Social Security benefit as a survivor, replacing any smaller spousal benefit you might have received, provided you meet criteria like being unmarried and married for 10+ years (or caring for his child). Your benefit amount depends on your age when you apply, starting at 71.5% if you claim at 60, rising to 100% at your full retirement age (FRA) for survivors, and you must apply with the SSA.

Can a divorced wife collect her ex-husband's Social Security?

Yes, a divorced wife can collect her ex-husband's Social Security if married at least 10 years, is currently unmarried, and the ex is at least 62 (or already receiving benefits) and you've been divorced for 2 years, receiving up to 50% of his benefit, without affecting his or his new spouse's payments. You get the higher of your own or the spousal benefit, and if he dies, you can get survivor benefits.
 

What happens if my ex-husband dies?

If either spouse dies in the middle of a dissolution without any court orders previously issued or judgments entered, the divorce proceedings end immediately. If one party dies before the marriage legally ends, the court dismisses the case since there is no longer a marriage to dissolve.

When can my wife get 50% of my Social Security?

Your wife can get up to 50% of your Social Security benefit as a spousal benefit, but she must wait until she reaches her Full Retirement Age (FRA) to receive the maximum amount, and you must already be collecting your own Social Security. If she claims earlier (as early as age 62), the spousal benefit is permanently reduced, potentially to as low as 32.5% at age 62, with the percentage increasing as she approaches her own FRA (66-67). 

How much does a surviving divorced spouse get from Social Security?

A surviving divorced spouse can get up to 100% of their deceased ex-spouse's full retirement benefit, similar to a widow's benefit, if they claim at their own full retirement age or older; otherwise, it's a reduced amount, starting around 71.5% if claimed between 60 and full retirement age. The benefit depends on the ex-spouse's earnings, and you must have been married at least 10 years and be unmarried, meeting specific criteria, AARP. 

How Divorced Social Security Spousal Benefits Work

Am I entitled to my ex husband's Social Security benefits if he died?

Yes, you can get your ex-husband's Social Security benefits if you were married at least 10 years, are currently unmarried, and are at least 60 (or 50 if disabled) when you apply, receiving up to 100% of his benefit amount, which is often more than your own retirement benefit. You must apply with the Social Security Administration (SSA) and provide documents like the death certificate and your divorce decree. 

How much SS will I get from my ex-husband?

You can get up to 50% of your ex-husband's full Social Security retirement benefit if you file at your own Full Retirement Age (FRA), but it can be reduced to as low as 32.5% if claimed at age 62, and your benefit will be the higher of your own or the spousal amount; eligibility requires marriage for at least 10 years, being currently unmarried (unless widowed or divorced), and your ex being at least 62. 

Does a widow get 100% of her husband's Social Security?

Yes, you can get up to 100% of your deceased husband's Social Security benefit if you've reached your own Full Retirement Age (FRA) for survivors (age 67 for most); otherwise, you'll get a reduced amount (starting around 71.5% at age 60) or a full benefit if caring for a young child, with the exact amount depending on your age, his earnings, and when he claimed. 

How do I find out my ex-husband's Social Security benefits?

To find out about your ex-husband's Social Security benefits as a divorced spouse, you must contact the Social Security Administration (SSA) directly, as they handle this confidential information; you'll need his name, date of birth, and Social Security Number (SSN), and your own documents (birth certificate, marriage/divorce papers) to apply for an estimate or benefits at your local SSA office, online, or by phone, and your ex won't be notified. 

What is the new law for Social Security spousal benefits?

The biggest recent change for spousal benefits is the Social Security Fairness Act (SSFA) of 2023, effective January 2024, which eliminates the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) for many, meaning spouses and survivors with government pensions won't have their benefits reduced as much, if at all. Key rules remain: spouses can get up to 50% of the primary earner's benefit, can claim at 62 (with reductions), or care for a qualifying child (no reduction). Deemed filing still means applying for one benefit usually means applying for both.
 

What is an ex-wife entitled to after death?

An ex-wife's rights after a former spouse's death depend heavily on whether the divorce was finalized and if estate documents (will, trusts, beneficiary forms) were updated; she might inherit if named a beneficiary (like on old life insurance/retirement accounts), claim Social Security survivor benefits, or, if the divorce was unfinished, potentially inherit marital property or have claims under state intestacy laws, though finalized divorce usually severs inheritance rights unless specified otherwise in agreements or documents. 

Why is moving out the biggest mistake in a divorce?

Moving out during a divorce can be a significant mistake because it often harms your legal position on child custody, finances, and property division, as courts favor keeping the "status quo" and the parent living in the home seems more stable and involved. It can also lead to losing access to important documents, creating immediate financial strain with duplicate expenses, and potentially being seen as "abandoning" the family, complicating the entire case, though safety concerns are a valid exception. 

Will I lose my ex-husband's Social Security if I remarry?

Yes, in most cases, remarrying will end your eligibility for Social Security benefits on your ex-husband's record, as you become a "current spouse" to your new partner and must claim from their record (if eligible) or your own; however, there are exceptions, like if you remarry after age 60 (or 50 if disabled) and your ex-husband is deceased, or in very specific situations involving your new spouse's benefits. You must report any remarriage to the Social Security Administration (SSA) to ensure correct payments. 

What is the one time death benefit for Social Security?

The Social Security one-time death benefit is a $255 lump-sum payment for funeral expenses, available to the surviving spouse who lived with the deceased or, if no spouse, to an eligible child. To qualify, the deceased must have been "fully" or "currently" insured, and you generally need to be receiving or eligible for monthly survivor benefits on their record. You must apply for it and provide necessary documents, like the death certificate, but it's best to apply soon, even without all paperwork. 

Can an ex-wife get pension after death?

Yes, an ex-wife can get a portion of a deceased ex-husband's pension, but it depends heavily on the divorce agreement, specific pension plan rules (like {!nav}}QDROs for private plans), Social Security rules, and any elections made at retirement, with eligibility often requiring a long marriage (e.g., 10+ years) and not remarriage before a certain age. It's not automatic; it usually needs to be arranged through a court order or a specific designation by the retiree. 

What disqualifies you from Social Security survivor benefits?

You can be disqualified from Social Security survivor benefits through remarriage before age 60 (or 50 if disabled), earning too much income while under full retirement age, incarceration, or if your own retirement benefit is higher than the survivor benefit. Specific disqualifiers also include certain criminal convictions or residing in a restricted country, while family relationships (spouse, child, dependent parent) and the deceased's work record determine basic eligibility. 

Does an ex-wife get her ex-husband's Social Security when he dies?

Yes, you can get your ex-husband's Social Security benefits if you were married at least 10 years, are currently unmarried, and are at least 60 (or 50 if disabled) when you apply, receiving up to 100% of his benefit amount, which is often more than your own retirement benefit. You must apply with the Social Security Administration (SSA) and provide documents like the death certificate and your divorce decree. 

What is the maximum Social Security benefit for a divorced spouse?

To receive the maximum divorced spousal benefit, which is 50% of your ex-spouse's benefit at their full retirement age, you must wait until your own full retirement age to file.

Can I stop my ex-wife from getting my Social Security?

This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.

At what age can I collect my ex-husband's Social Security benefits?

You can start collecting your ex-husband's Social Security benefits as early as age 62, provided you were married for at least 10 years, are currently unmarried, and he is eligible (or already receiving benefits). While you can file at 62, your benefit amount will be higher if you wait until your full retirement age (FRA), which is 67 for those born in 1960 or later, and even more if you delay past FRA, but new rules mean you can't collect just the spousal benefit if you're eligible for your own higher benefit at FRA. 

What's the difference between survivor & widow benefits?

What's the difference between survivor benefits and widow's benefits? Widow's benefits are one type of survivor benefit—one that only widows and widowers can claim. Survivor benefits is a broader category that allows other relatives to claim benefits.

When someone dies, what happens to their Social Security benefits?

When someone dies, their Social Security payments stop for the month of death (any payment received for that month must be returned), but eligible family members—like surviving spouses, children, or dependent parents—may qualify for monthly survivors benefits or a one-time $255 lump-sum death payment, with the funeral home often reporting the death to the SSA. 

How can I draw my ex-husband's Social Security benefits?

To apply for your ex-husband's Social Security, you'll apply through the Social Security Administration (SSA) website or at a local office, needing documents like your marriage certificate, divorce decree, your SSN, and your ex-spouse's SSN, but your ex-spouse won't be notified, and you'll receive the higher amount of your own benefit or the spousal benefit if eligible. You must have been married for at least 10 years, be unmarried, and meet age/benefit requirements to qualify for divorced spouse benefits. 

Can I find out if my ex-spouse is collecting Social Security?

Yes, you can find out if your ex-spouse is collecting Social Security (SS) benefits on your record by contacting the Social Security Administration (SSA), which will confirm if they're receiving auxiliary benefits, the amount, and start/end dates, but won't give their address or full payment details; you can also use the SSA's online tools to estimate potential benefits for a divorced spouse, says AARP and other sources. 

What rights does an ex-wife have when her ex-husband dies?

If the ex-spouse passed away without leaving a valid will, the distribution of their assets is governed by the state's intestacy laws. In most states, a divorced spouse is not considered an heir under intestacy laws and is not entitled to any of their ex's property.