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Eligibility for Collecting Ex-Husband’s Social Security Benefits After His Passing- What You Need to Know

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Can I Collect My Ex-Husband’s Social Security When He Dies?

Divorce can be a challenging and emotional process, and one of the questions that often arises during this time is whether a former spouse can collect their ex-husband’s Social Security benefits upon his death. Understanding the rules and regulations surrounding this issue is crucial for anyone who may be affected by it. In this article, we will explore the conditions under which an ex-wife can collect her ex-husband’s Social Security benefits after his passing.

Eligibility for Ex-Wife’s Social Security Benefits

The primary factor determining whether an ex-wife can collect her ex-husband’s Social Security benefits is the length of their marriage. According to the Social Security Administration (SSA), a former spouse may be eligible to receive benefits if they were married for at least 10 years. Additionally, the ex-wife must be at least 62 years old to collect these benefits.

When Can an Ex-Wife Start Collecting Benefits?

An ex-wife can start collecting her ex-husband’s Social Security benefits as soon as she reaches the age of 62. However, if she waits until full retirement age (which is currently 66 to 67, depending on the year of birth), she will receive a higher benefit amount. If she waits until age 70, she can receive the maximum benefit amount.

Other Factors to Consider

It is important to note that the ex-wife must have been unmarried for at least two years following the divorce to be eligible for her ex-husband’s Social Security benefits. Additionally, she cannot remarry and still receive these benefits unless her remarriage ends in death, divorce, or annulment.

Calculating the Benefit Amount

The benefit amount an ex-wife receives is based on the primary insurance amount (PIA) of her ex-husband. This amount is calculated based on his earnings during his working years. The SSA will compare the ex-wife’s PIA with her own PIA to determine the higher of the two amounts, which she will receive.

Alternatives to Collecting Ex-Husband’s Social Security Benefits

If an ex-wife is not eligible to collect her ex-husband’s Social Security benefits, she may still be able to receive benefits based on her own work history. This is known as her own retirement benefit, and it can be collected at any age starting at 62, with the same age-related adjustments as mentioned earlier.

Conclusion

Understanding the eligibility requirements and rules for collecting an ex-husband’s Social Security benefits upon his death is essential for anyone in this situation. By knowing the details and planning accordingly, an ex-wife can ensure that she receives the benefits she deserves. It is always recommended to consult with a Social Security representative or a financial advisor to address any specific questions or concerns related to this matter.

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