How Divorce Impacts Survivor’s Benefits

If your spouse dies you may be eligible for Social Security benefits on their earnings records, many people are not aware that even a spouse who is divorced from a husband or wife may even be able to collect benefits on a deceased spouse’s earnings record if they meet Social Security’s guidelines. Below is information from Social Security regarding the qualifications of the program.

Surviving Divorced Spouse

If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more.

Benefits paid to you as a surviving divorced spouse won’t affect the benefit amount for other survivors getting benefits on the worker’s record.

If you remarry after you reach age 60 (age 50 if disabled), the remarriage will not affect your eligibility for survivors benefits.

If you are caring for a child under age 16 or disabled and gets benefits on the record of your former spouse, you would not have to meet the length-of-marriage rule. The child must be your former spouse’s natural or legally adopted child.

The Benefit Amount

Your survivors benefit amount is based on the earnings of the person who died. The more they paid into Social Security, the higher your benefits would be. The monthly amount you would get is a percentage of the deceased’s basic Social Security benefit. It depends on your age and the type of benefit you are eligible to receive. If the person who died was receiving reduced benefits, we base your survivors benefit on that amount.

These are examples of the benefits that survivors may receive:

  • Widow or widower, full retirement age or older — 100 percent of the deceased worker’s benefit amount;
  • Widow or widower, age 60 — full retirement age — 71½ to 99 percent of the deceased worker’s basic amount;
  • Disabled widow or widower aged 50 through 59 — 71½ percent;
  • Widow or widower, any age, caring for a child under age 16 — 75 percent;
  • A child under age 18 (19 if still in elementary or secondary school) or disabled — 75 percent; and
  • Dependent parent(s) of the deceased worker, age 62 or older:

*One surviving parent — 82.5 percent.

*Two surviving parents — 75 percent to each parent.

Percentages for a surviving divorced spouse would be the same as above.