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Social Security and Medicare Questions

Q: I have been divorced from my husband for 22 years after being married to him for 24. If he is deceased, am I allowed to use his Social Security benefits, if they are higher than mine? How can I find out if they are? - M.P.

A: You are eligible for a divorced spouse survivors (or widow's) benefit if you are age 60 or older and your marriage lasted at least 10 years and you have not remarried until after age 60. If the survivors benefit based on your deceased former spouse's account is higher than your own retirement benefit you would receive the higher benefit. If you remarried after age 60, you would be eligible for the highest of the following benefits;

  • your own retirement benefit, or
  • a spouse's benefit based on your new husband's record, or
  • a divorced spouse survivors benefit.

The divorced spouse survivor's benefit may be higher than your retirement benefit if your deceased former husband earned more and worked longer than you did. Even if your former husband is not deceased, you might still be eligible for a divorced spouse retirement benefit based on his account if it is higher than your own retirement benefit. If you are eligible for a higher benefit, you may also be eligible for up to six months in retroactive benefits as well.

In order to find out if you are eligible for a higher benefit and then to receive it, you must apply at your local Social Security office. Prior to your visit find out what documents you will need to bring with you. Among others:

  • your Social Security number as well as that of your former deceased spouse,
  • your birth certificate,
  • your marriage certificate,
  • divorce papers, and
  • proof of death or your former spouse's death certificate (available through public coroner's records or from the funeral home).

Call Social Security toll-free at (800) 772-1213 to find out what additional documents you will need. To speak with a representative call between 7 a.m. and 7 p.m., Monday through Friday. You may want to request the following publication, Social Security Survivors Benefits Publication No. 05-10084, or find it online at the Social Security website: http://www.ssa.gov/pubs/10084.html

October 2001


This article first appeared in Volume 6, Issue 10 of `The Social Security and Medicare Advisor` newsletter (October 2001). To receive future editions of `The Advisor` in its special, free e-mail version, please click here.


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