Social Security Survivor Benefits for Divorced Spouses

If your ex-husband or ex-wife was disabled and receiving Social Security Disability Insurance (SSDI) benefits before they died, you might be able to receive Social Security survivors benefits as an ex-spouse. Survivors benefits for divorced spouses can provide an important source of income as you get older.

But not every ex-spouse qualifies for survivor benefits. You must be at least 60—or 50 if you're disabled—and your marriage must have lasted at least 10 years. You also need to be unmarried, unless you remarried after age 60, or 50 if you're disabled.

Understanding these and other eligibility requirements can help you determine whether you—or someone you know—might qualify for Social Security benefits for surviving divorced spouses.

Eligibility for Social Security Survivor Benefits for Divorced Spouses

The requirements and benefits for a surviving ex-spouse are similar to those provided to surviving spouses (see our article on survivors benefits in general).

First, to collect Social Security survivors benefits after your ex-spouse dies, your ex-spouse had to have been collecting SSDI or Social Security retirement benefits at the time of their death.

Second, survivors benefits are only available to divorced spouses who were married for at least ten years.

Third, you must remain unmarried (with some exceptions—see below).

Fourth, you must be over a certain age or have children under a certain age. Specifically, you have to be:

• 60 years old or older
• disabled and between the ages of 50 and 60 (only if the disability occurred within seven years of your ex-spouse's death), or
• caring for your ex-spouse's child under the age of 16 who's receiving Social Security benefits on your ex-spouse's record (Social Security calls this the "mother's or father's benefit"). (20 C.F.R. § 404.336.)

But unlike surviving spouses, surviving ex-spouses don't get the one-time lump sum death benefit. The lump sum ($255 in 2025) is payable only to the deceased workers spouse or child(ren), not both.

Amount of Divorced Spouse's Survivors Benefit

Below are the different payment categories for surviving ex-spouse benefits:

• If you're at or above full retirement age, you'll receive 100% of your deceased ex-spouse's SSDI or retirement benefit.
• If you're between the ages of 60 and full retirement age, you'll receive in the range of 71.5% to 99% of your deceased ex-spouse's SSDI or retirement benefit.
• If you're between the ages of 50 and 59 and disabled, you'll receive 71.5% of your deceased ex-spouse's SSDI or retirement benefits. You must have become disabled before your ex-spouse died or within seven years of their death.
• If you're caring for a child under the age of 16 years old who's receiving dependents benefits on your deceased ex-spouse's record, you'll receive 75% of your deceased ex-spouse's SSDI or retirement benefit, subject to the maximum family benefit.

Note that if you work while receiving a survivor's benefit, your benefit might be reduced, depending on your age and the amount of money you earn. For more information, see our article on how working affects survivors benefits.

The Effect of SSDI Payments to the Surviving Ex-Spouse on Other Survivors

Your ex-spouse's family won't be notified when you apply for survivors benefits.

If, as a surviving ex-spouse, you receive benefits based on your ex-spouse's earnings record because you're 60 or older (or disabled and 50 or older), your survivors benefit will have no effect on the amount that other survivors will receive. In other words, it doesn't count toward the maximum family benefit amount.

But it's different if you're receiving a surviving ex-spouse benefit based on the fact that you're caring for a child under 16 years old who is also receiving Social Security benefits on your deceased ex-spouse's record. In that case, the amount of survivors benefits you receive will count towards the total family limit. (This means that the amount you receive might decrease the amount of benefits that the children can receive.)

How Does Remarriage Affect Ex-Spouse Survivors Benefits?

If you remarry before the age of 60, or before the age of 50 if you're disabled, you won't be able to receive benefits as a surviving ex-spouse—unless that marriage later ends before the death of your ex-spouse. The marriage might end due to divorce, death, or annulment. In that case, you'd be able to receive surviving ex-spouse benefits as though you never remarried.

Remarrying after you reach 60 years old, or 50 years old if you're disabled, won't affect your ability to receive surviving ex-spouse benefits at all.

Whether or not your ex-spouse is married to someone else when they die won't affect your ability to receive surviving ex-spouse disability or retirement benefits.

If You're Eligible for Social Security Benefits Because of Your Own Earnings

You can't receive Social Security survivors benefits based on your deceased ex-spouse's record if you're eligible for higher disability or retirement benefits based on your own work record.

If you're eligible for benefits on your own record that are less than the survivors benefits you'd receive on your deceased ex-spouse's record, how you're paid gets a bit complicated. Social Security pays the benefits based on your record and then adds the difference between that amount and the survivors benefit you're entitled to, using funds from your deceased ex-spouse's record. (20 C.F.R. § 404.407.)

You can choose to delay receiving your own retirement benefits and collect only the survivors benefits for now. The longer you wait to claim your retirement benefits, the more they'll grow—so when you eventually switch, a larger portion of your monthly payment will come from your own record. Ot, you can choose to claim early retirement benefits now and the survivor benefits later; your eventual survivors benefit won't be reduced because of an early retirement claim.

How to Apply for Benefits as a Divorced Spouse

You can apply for ex-spouse survivor benefits by calling Social Security at 800-772-1213 between 8 a.m. and 7 p.m. or by going to your local Social Security office in person. You can't apply for Social Security survivor benefits for divorced spouses online.

You'll need proof of your ex-husband or ex-wife's death, a copy of your final divorce decree, and your marriage certificate. You can find a list of all documents you'll need and all questions you need to answer on Social Security's webpage for Surviving Divorced Spouse's Benefits.

What if My Survivor Benefits Claim is Denied?

Any time you don't agree with a decision Social Security makes on your claim, you have the right to appeal that decision. If Social Security denies your ex-spouse survivor benefits, you'll need to file a non-medical appeal.

Just like any other Social Security benefit appeal, you start by requesting the SSA to reconsider the denial. You can start your appeal online or by submitting a Form SSA-561, Request for Reconsideration in person or by mail to your local Social Security office.

But you have to act fast. You only have 60 days after receiving your denial notice to file your appeal. Learn more in our article on how to appeal a Social Security denial.

What If My Ex-Spouse Hasn't Died Yet?

If you're divorced and your ex-wife or ex-husband is still alive, you might be eligible for Social Security ex-spouse benefits if you're 62 or older. For more information, see our article on Social Security dependents benefits.