If you are divorced and your ex-spouse passes away, then you may be entitled
to his or her Social Security benefits. According to the Social Security
Administration, you will need to prove that you were married to your spouse
for 10 years or more in order to receive his or her benefits. Most of
the time, a survivor can receive up to 100% of the decedent's remaining
benefits that are due.
Survivor's benefits are available to
divorce spouses as early as at age 60, despite the fact that a spouse might not
be eligible to receive his or her own retirement benefits for several
more years. If an individual is disabled, then he or she is permitted
to receive the survivor's benefits as early as 50 years of age.
Survivor Benefits & Remarriage
Interestingly enough, remarriage won't affect the ability to receive
a survivor's benefits if the spouse marries after the age of 60. Yet
if a person marries before 60, then he or she will be automatically ineligible
for the survivor's benefits. Attorneys suggest that individuals waiting
for survivor's benefits hold off on marriage until they can collect
these benefits. If you are receiving divorced spouse's benefits when
your ex passes away, you will be automatically switched over to the higher
paying survivor benefit. This is because normally a divorced spouse's
benefit is only about 50% of the payment, and a survivor's benefit
is the full payment.
If you have more questions about Social Security benefits in regards to
divorce and survivor's benefits as a divorcee, or if you have encountered
difficulties and want information about how to collect benefits that you
are rightfully entitled to, a Los Angeles divorce attorney can help you
with your case.
Call Claery & Green, LLP right away to learn more about how they can help you with your case.