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What happens to Social Security benefit when your ex dies

Robert Powell
Special for USA TODAY
If you were married at least 10 years before divorcing, you can get a survivor benefit.

Q: I was married to my first husband for 23 years and have since remarried to a man seven years older than me. I am 80 and getting Social Security from my first marriage. My current husband did not pay into Social Security; he is a retired fireman. If my former husband predeceases me, will I be able to get a widow benefit on my first husband’s earnings record?  — Janet Lerouzes, Summerland Key, Fla.

A:  Yes, your spousal Social Security benefits you currently receive will convert to survivor benefits at the time of your ex-husband's death, according to David Cechanowicz, director of education at Social Security Timing.

There are several requirements that have to be met for benefits to continue, the first one being that the marriage had to have lasted 10 years. The second, dealing with remarriage, does not come into effect if you remarry after the age of 60.

“We can't tell you with any degree of certainty the amount of benefit that you will receive as a widow, or survivor, because that benefit is subject to adjustment if your ex-spouse claimed benefits as early as possible,” says Cechanowicz. “Generally, survivor benefits for a widow or widower are dependent on two factors, the first being the age when the spouse or ex-spouse claimed benefits, and the second is the age at which the survivor claims benefits.”

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Of note, survivor benefits reach their maximum benefit when the survivor reaches his or her full retirement age. “In your case, that would have been age 65,” says Cechanowicz. “If your ex-spouse claimed as early as possible, then the survivor's benefit will be adjusted up to a ‘floor’ or minimum survivor's benefit.”

Also note: Even if you were the beneficiary of your current husband's retirement benefits from what is known as non-covered employment, you would have been able to collect both your ex-spouse’s survivor benefits and your current husband's retirement benefits, says Cechanowicz.

“And since you are already receiving ex-spousal benefits from the Social Security Administration, the conversion to survivor benefits should be rather smooth,” he says.

Read Survivors Planner: Survivors Benefits For Your Widow Or Widower on the SSA’s website.

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