I was married to my ex for 15 years and never remarried. If he dies, can I collect his higher survivor benefits?

Since they were married for more than 10 years and Anna is currently unmarried (and would only potentially remarry after 60), she may be eligible for survivor benefits.

Anna is also at least 62, as she’s collecting her retirement benefits already, so she meets the spousal 60 plus age requirement for survivor benefits (or 50 if you live with a disability), but if she was caring for the deceased’s child, she may be eligible regardless of these other criteria.

Anna would have to choose between her own retirement benefit or her survivor benefit, though (after her ex-husband has passed away, of course). She can’t receive two benefits at the same time — but this can work in her favor.

The SSA says she could choose to start with her survivor benefit and then switch to her retired worker benefit at age 70 when she’d be able to receive the highest amount.

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If your ex-spouse passes away and you claim your survivor benefit before full retirement age (FRA), you’ll receive a reduced benefit. For spouses and ex-spouses, payments start at 71.5% of the deceased’s benefit.

According to the SSA, the amount of your survivor benefit will increase by age, and you can be eligible for the following percentages of your ex-spouse’s benefit:

• Age 61: over 75%

• Age 63: over 80%

• Age 65: over 90%

• FRA: up to 100%

If you’re still employed, you may be subject to an earnings limit (depending on your age). That means your survivor benefit would be reduced — though temporarily — if you earn above that limit in a year.

As mentioned, you can file for survivor benefits at age 60 and then switch to your own retirement benefit later, between ages 62 and 70. But you could also claim your retirement benefit first and file for survivor benefits at FRA — if that benefit would be higher.

Anna may choose to contact the SSA to discuss her future options — and she can rest easy knowing her ex-husband won’t be notified of it.

So, if her ex-husband passes away, Anna could be eligible for survivor benefits, but she’ll only want to collect them if the payments are higher than her current retirement benefit. Fortunately, if she does qualify, her benefit won’t impact the benefit amount paid out to other survivors, such as a current surviving spouse.

This article provides information only and should not be construed as advice. It is provided without warranty of any kind.