Social Security Benefits for Widows and Divorcees

Your husband may be out of the picture, but his Social Security could still be a part of your life. Whether you’re widowed or divorced, U.S. law may allow you to collect benefits based upon your former spouse’s work history.

Although it’s best to contact a finance professional for guidance on your specific situation, just as you would with your income taxes, here’s an overview of who’s eligible and how much money you could get.

Social Security Benefits for Widows

Social Security benefits for widows are similar to those for married women with one significant exception: widows can apply for benefits as early as age 60. Disabled widows and widowers can start receive spousal benefits at age 50.

To be eligible to claim benefits, a widow or widower must meet the following criteria:

• Be married to their spouse at the time of his or her death.
• Be married for at least 9 months prior to the death, except in certain cases such as those involving an accident or other unforeseen event.
• Be married to a person whose working history which would have entitled him or her to Social Security benefits.

However, widows and widowers cannot remarry before age 60 (or age 50 for those who are disabled), or they will lose the ability to claim survivor spousal benefits.

While you may be able to claim benefits early, keep in mind that doing so will permanently reduce the monthly amount you receive. The percentage can vary depending on what year you were born, but most widows who begin payments at age 60 will receive 71.5 percent of the full spousal benefit amount.

Although taking a reduced benefit may not be ideal, some people could find it helps them bridge the period from age 60 until when they can claim their own Social Security benefits. Widows who are eligible for their own Social Security benefits can switch to those at any time between ages 62-70. The longer they wait, the greater their benefit amount will be.

Social Security Benefits for Divorcees

Their ex-husbands may not be happy about it, but divorced women can also claim spousal benefits if they meet certain eligibility criteria.

These benefits are available even if the spouse has remarried, and a divorcee making a claim does not in any way affect her ex-spouse’s monthly benefits.

Divorcees are eligible to receive spousal benefits if all the following apply:

• They were married to their ex-spouse for at least 10 years
• They are unmarried
• They are at least 62 years old
• Their ex-spouse has a working history that makes him eligible for Social Security
• The monthly spousal benefit is more than what they would receive if they filed for Social Security using their own work history

Eligible people are entitled to a benefit that is half their ex-spouse’s full retirement amount. However, as with early benefits for widows, you’ll get a reduced amount if you claim benefits at age 62 rather than waiting until your full retirement age, currently set at 66.

If you get remarried, you lose out on the spousal benefits from an ex-husband unless you end your later marriage.

You also don’t have to wait until your ex files for Social Security before you can begin benefits. So long as you have been divorced for two years, you can file for benefits once you and your ex both reach age 62.

Divorce and Death: Here’s What Happens When Both Occur

Of course, life is full of situations that don’t fall neatly into one category. Let’s say you are divorced and then your ex-husband dies. Can you still get Social Security benefits?

The answer, fortunately, is yes.

As with other divorced women, you must have been married at least 10 years to be eligible for these benefits. The only exception is if you have a child at home who is disabled or younger than age 16 and who is receiving survivor benefits based on your ex-spouse’s work record. This exception applies to both natural children and those who are legally adopted.

Assuming you’re eligible, you can take early, reduced benefits at age 60, just as any other widow. In addition, you can get remarried after age 60 – or age 50 if you’re disabled – and not have it affect your spousal benefits.

Spousal benefits can be an important part of your overall retirement strategy and understanding your rights as a widow or divorcee is crucial. Death or divorce may have taken your husband, but his Social Security could support you for years to come.

Understanding Full Retirement Age (FRA) and Its Impact on Benefits

Full Retirement Age (FRA) is the age at which you are entitled to receive your full Social Security retirement benefits. For people born between 1943 and 1954, the FRA is 66. It gradually increases for those born later, reaching 67 for those born in 1960 or later.

Impact on Survivor and Spousal Benefits:

• Widows: If you choose to start receiving survivor benefits before your FRA, your benefits will be reduced. For instance, if your FRA is 66 and you start receiving benefits at age 60, you will receive about 71.5% of your deceased spouse’s benefit amount.
• Divorcees: Similarly, for divorcees, claiming spousal benefits before FRA will result in a reduced benefit amount. If you wait until your FRA, you can receive up to 50% of your ex-spouse’s full benefit amount.

Read more: Are You Leaving Money on the Table by Claiming Social Security Too Soon?

What If You’re Eligible for Multiple Benefits?

In some cases, individuals may be eligible for more than one type of Social Security benefit. For example, a widow may be eligible for both her own retirement benefits and survivor benefits based on her deceased spouse’s work record.

Which Benefit Should You Claim?

Widows: If you are eligible for both survivor benefits and your own retirement benefits, you can choose to start with one type of benefit and switch to the other later. This strategy allows you to maximize the benefit amount by delaying the higher benefit until you reach FRA or even later.

Divorcees: If you are eligible for both your own benefits and spousal benefits, you generally receive whichever is higher. However, you cannot receive both benefits in full.

How Working Affects Your Benefits

If you are under your Full Retirement Age (FRA) and working while receiving Social Security benefits, there is a limit to how much you can earn before your benefits are reduced. In 2024, the earnings limit is $21,240. If you earn more than this amount, your benefits will be reduced by $1 for every $2 you earn over the limit.

Once you reach your FRA, there is no limit on how much you can earn while receiving your benefits, and your Social Security payments will no longer be reduced regardless of your income.

Impact of Government Pensions on Your Benefits

If you worked in a job where you didn’t pay Social Security taxes and receive a government pension from that work, your Social Security spousal or survivor benefits might be reduced by the Government Pension Offset (GPO). The GPO can reduce your Social Security benefits by two-thirds of your government pension.

If you receive a pension from work not covered by Social Security (such as a government job) and also qualify for Social Security benefits based on other work, the Windfall Elimination Provision (WEP) may reduce your Social Security retirement or disability benefits.

What If You’re in a Domestic Partnership or Never Legally Married?

Unfortunately, Social Security benefits are only available to legally married spouses or ex-spouses who meet the marriage-duration requirements. If you were in a long-term relationship but never married, you are not eligible for spousal or survivor benefits, even if you shared a home and finances. In a few states that recognize common-law marriages, exceptions may apply, but proving the relationship often requires legal documentation or a court order.

FAQ Social Benefits for Widows and Divorcees

Can I collect Social Security from my ex-husband if he’s still alive?

Yes, if you were married for at least 10 years, are currently unmarried, and are age 62 or older, you may be eligible to receive spousal benefits based on your ex-husband’s work record, even if he has remarried.

What happens to my social security benefits if I remarry?

If you are a widow, you can remarry after age 60 (or age 50 if disabled) and still receive survivor benefits. However, if you are divorced, remarriage generally disqualifies you from receiving spousal benefits based on your ex-spouse’s record.

Do I need to wait for my ex-husband to start claiming Social Security before I apply for spousal benefits?

No. As long as you and your ex are both at least 62 and you’ve been divorced for at least two years, you can apply for benefits independently of his filing status.

Can I collect both my own Social Security and my ex-spouse’s or late spouse’s benefits?

No, you cannot collect both in full. Social Security will pay you the higher of the two benefit amounts you’re eligible for. In some cases, you may start with one (e.g., survivor benefits at 60) and switch to another (e.g., your own retirement benefits) later to maximize your payout.

If my ex-husband dies, do I qualify for survivor benefits?

Yes, if you were married for at least 10 years, are currently unmarried (or remarried after age 60), and meet the other eligibility criteria, you may qualify for survivor benefits even if you were divorced at the time of his death.

Can I apply online for widow or spousal benefits?

You can apply for spousal benefits online through www.ssa.gov. However, to apply for survivor benefits, you must call the Social Security Administration or visit a local office.

What if I’m working and receiving Social Security before my FRA?

If you earn more than the yearly earnings limit $21,240 in 2024, your benefits may be temporarily reduced. Once you reach your FRA, there is no earnings cap, and your benefits will not be affected by your income.

Do government pensions affect Social Security benefits?

Possibly. If you receive a pension from work not covered by Social Security, your benefits may be reduced by the Government Pension Offset (GPO) or Windfall Elimination Provision (WEP), depending on your situation.

Read more: 3 Things to Know About Social Security in 2025.

Let’s Have a Conversation:

Are you a widow or divorcee who has filed for spousal benefits from Social Security? Tell us your experience in the comments below.