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Survivors Topics

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Surviving Divorced Spouse

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Survivors Benefits

Survivors Benefits

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Benefits for surviving divorced spouses

If you have been divorced, your former wife or husband who is age 60 or older (50-59 if disabled) can get benefits if your marriage lasted at least 10 years. Your former spouse, however, does not have to meet the age or length-of-marriage rule if he or she is caring for his/her child who is under age 16 or who is disabled and also entitled based on your work. The child must be your former spouse’s natural or legally adopted child.

Benefits paid to you as a surviving divorced spouse who meets the age or disability requirement as a widow or widower won’t affect the benefit rates for other survivors getting benefits on the worker’s record. However, if you are the surviving divorced mother or father who has the worker’s child under age 16 or disabled in your care, your benefit will affect the amount of the benefits of others on the worker’s record.

How much are benefits?

How much your family can get from Social Security depends on your average lifetime earnings. That means the more you have earned, the more their benefits will be. You should check your Social Security Statement, which is sent each year to every worker age 25 or older. The Statement gives an estimate of survivors benefits that could be paid, as well as an estimate of retirement and disability benefits and other important information.

One-time death payment

There is a one-time payment of $255 that can be made when you die if you have worked long enough. This payment can be made only to your spouse or child if they meet certain requirements.

How do I apply for benefits?

If you are not currently getting Social Security benefits
You should apply for survivors benefits promptly because, in some cases, benefits will be paid from the time you apply and not from the time the worker died.

They will need certain information, but do not delay applying if you do not have everything. They will help you get what you need. They need either original documents or copies certified by the agency that issued them.

The information they need includes:
    • Proof of death—either from a funeral home or death certificate;
    • Your Social Security number, as well as the deceased worker’s;
    • Your birth certificate;
    • Your marriage certificate, if you are a widow or widower;
    • Your divorce papers, if you are applying as a divorced widow or widower;
    • Dependent children’s Social Security numbers, if available, and birth certificates;
    • Deceased worker’s W-2 forms or federal self-employment tax return for the most recent year; and
    • The name of your bank and your account number so your benefits can be deposited directly into your account.

If you are already getting Social Security benefits

If you are getting benefits as a wife or husband based on your spouse’s work, when you report the death to them, they will change your payments to survivors benefits. If they need more information, they will contact you.

If you are getting benefits based on your own work, call or visit them, and they will check to see if you can get more money as a widow or widower. If so, you will receive a combination of benefits that equals the higher amount. You will need to complete an application to switch to survivors benefits, and they will need to see your spouse’s death certificate.

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