Retirement Social Security

Your Ex Passed Away - Are You Eligible for Their Social Security?

Learn when a deceased ex's benefits can boost yours.

By Katy Willis

Edited by Laura Hohenstein

Updated Dec. 9, 2025

You might get the call that your ex has died and feel a mix of shock, grief, and paperwork dread. In the middle of all of that, money might be the last thing you want to think about. But for many people, a deceased ex-spouse's Social Security can be the difference between scraping by and having a stable retirement income.

What many people don't know is that ex-spouses can qualify for Social Security survivor benefits based on a former partner's work record, even if the ex remarried or you have not spoken in years. These payments can be as large as what a current widow or widower would get. Knowing the rules helps you see whether there is real money on the table for you to maximize your senior benefits.

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Can you get Social Security on a deceased ex-spouse's record?

Social Security can pay monthly survivor benefits to a surviving divorced spouse if your ex worked and paid Social Security taxes long enough, and you meet certain criteria. You do not need your ex's permission, and your claim does not reduce what a current spouse or children receive. Ex-spouses are paid separately and are not counted in the usual "family maximum" cap for survivors.

Basically, SSA looks at your ex's earnings record and then decides whether you qualify on that record as a surviving divorced spouse. If you qualify, the survivor benefit is compared to any benefit you already receive on your own record.

You don't get both checks. You get the higher amount only.

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The 10-year marriage rule (and when it doesn't apply)

For most people, the key test is the length of the marriage. To get survivor benefits as a surviving divorced spouse, your marriage to your ex must have lasted at least ten years. So, the time from the legal wedding date to the date the divorce became final must be a full ten years.

If you married the same person more than once, Social Security may tack those marriages together as long as the marriage happened within a certain window, so the total time of the combined marriages reaches ten years. This is important for second-chance relationships where you divorced, got back together, and divorced again.

There is a big exception to the ten-year rule. If you are caring for your deceased ex-spouse's child who is under 16 or has a disability and is getting benefits on that worker's record, you may qualify as a surviving divorced spouse even if the marriage lasted less than ten years. That rule is most common when an ex raised the children after the divorce and is still the primary caregiver when the other parent dies.

How age and remarriage affect ex-spouse survivor benefits

For most people, the earliest age to collect survivor benefits on a deceased ex's record is 60. If you have a qualifying disability, the age drops to 50. But only if the disability meets Social Security's rules. You can qualify at any age if you are caring for your deceased ex's child who is under 16 or who has a qualifying disability and gets benefits on your ex's record.

Remarriage is its own set of rules. If you remarry before age 60 (or 50 if disabled), you generally cannot collect survivor benefits on your late ex's record while that later marriage is still in place. If you remarry at 60 or older, you can still collect survivor benefits on the deceased ex, or on your new spouse's record if that pays more.

If a remarriage that blocked survivor benefits ends because of death, divorce, or annulment, you may become eligible again as a surviving divorced spouse based on the earlier marriage.

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How much could you get?

Survivor benefits for spouses and ex-spouses are based on the amount your ex was getting, or was entitled to get, when they died. If you wait until your full retirement age (FRA) for survivor benefits, you can receive up to 100% of your ex's benefit amount. At age 60, survivor benefits can start as low as about 71.5% of that amount and then rise each year you wait, up to your FRA.

In comparison, if you claim regular divorced spousal benefits while your ex is still alive, this is usually capped at up to 50% of your ex's full retirement benefit if you wait until your full retirement age to claim. That means when an ex dies, many people can "step up" from a smaller divorced spousal check to a much larger survivor check.

What if you already get Social Security?

Many people who qualify as a surviving divorced spouse are already getting their own retirement benefit when an ex passes away. In that case, Social Security compares your current check to the survivor amount and pays you the higher of the two. The payments are not added together into one significantly larger benefit amount.

Sometimes it makes sense to take one benefit first and then switch later. You might, for example, take a reduced survivor benefit in your early 60s, then switch to your own retirement benefit at 70 if your own record would be higher at that point. Or, if your own benefit is small, you might keep it for now and then file for the larger survivor benefit once you reach your survivor's full retirement age.

Social Security's rules allow this kind of switch in many cases. But the best option for you will depend on your and your ex's earnings records, as well as your health and financial needs.

Bottom line

If you think you might qualify based on a deceased ex's record, start with your online "my Social Security" account. There, you can see your own benefit estimates and verify your earnings history. Next, pull together basic records, such as a marriage certificate, a final divorce decree, your ex's dates of birth and death, and Social Security numbers, if you have them.

As of December 2025, you cannot apply for survivor benefits online, so you'll either need to call or visit your local office and fill out form SSA-10 for widow or widower benefits.

You may not want to deal with all of this while you or your family are grieving, but if you were married at least ten years and you are at or near 60, it's worth taking the time to check. A survivor benefit on a deceased ex-spouse's record could give you a steadier income and a less stressful retirement.

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