Ask an Advisor: I am 61. My former husband died last year. We were married for over 10 years but ultimately divorced. Am I entitled to apply for any Social Security survivor’s benefits?

My former husband died last year. We were married for over 10 years but ultimately divorced. I work full-time and have my own social security account, and pension with my employer. Am I entitled to apply for any survivor’s benefits from Social Security now, or are benefits only realized once I retire? I am 61 and plan to retire at 70. – Anonymous

Thank you for your question.  Social Security claiming strategies are complex, with many nuances surrounding spousal and survivor benefits.  You are eligible to file for Social Security Survivor benefits based on your former spouse’s record after their death. There are several requirements to do that.

The first is you must be at least 60 years of age (or 50 with a disability). You indicated you meet this requirement. 

The second is being married for more than 10 years, which you have stated you were. 

The third requirement is you must not be remarried before age 60.  Assuming that is also true, you are able to file for survivor benefits. 

While it may not be applicable in your situation, one other possible way to receive survivor benefits as a divorced spouse is if you are caring for a child under the age of 16 or who has a disability; you would not need to meet the length of marriage requirement in this case. The child must also be the deceased spouse’s natural or legally adopted child.

Survivor benefits differ from spousal benefits in that you can claim survivor benefits without claiming your own. Because of this, you are able to claim the survivor benefits but continue to work and grow your own benefit.  This is no longer the case for spousal benefits.  With spousal benefits, when you file a claim, you are also to have deemed to claim your own benefit.  While this is beyond the scope of your question, it might help other readers who are developing their Social Security claiming strategy.

As far as when to claim, this can get even more complicated and will vary based on each person’s situation.  Factors include the size of your former spouse’s benefit and also your Primary Insurance Amount (PIA).  PIA is the benefit you’d receive at your full retirement age. 

Filing for survivor benefits at 61 will result in a reduced benefit.  You can expect that to be between 71.5% to 100% of your spouse’s benefit at your full retirement age.  This can make sense if your own Social Security benefits will be larger than your former spouse’s benefit when you decide to claim them.  You could delay claiming on your own record until age 70, which would maximize your benefits and correspond with the date you are planning to retire.  When you claim on your record, Social Security will automatically give you whichever is the higher benefit. 

These rules are very similar to a non-divorced surviving spouse, but without the requirement of 10 years of marriage to qualify for survivor benefits. 

One additional note, according to the Social Security Administration website:  A surviving spouse or surviving divorced spouse cannot apply online for survivor’s benefits. You should contact the Social Security Administration at 1-800-772-1213 to request an appointment to file for your survivor benefits.

Mike Hunsberger is a financial advisor and the founder of Next Mission Financial Planning. Based in Saint Charles, Missouri, Mike helps clients across the country build the life they want by balancing living today with building wealth for the future.

Get to know Mike by visiting his profile page on Wealthtender or his website at nextmissionfinancialplanning.com.

Please note that Wealthtender earns a nominal monthly fee from Mike in exchange for providing access to the benefits described here, subject to these terms. This compensation creates a natural conflict of interest when we favor promotion of Mike and other financial advisors in the Wealthtender community over advisors not featured on our platform. Wealthtender is not a client of these advisors or firms.

This article is intended for informational purposes only, and should not be considered financial advice. You should consult a financial professional before making any major financial decisions.

Find a Financial Advisor

Do you have questions about your financial future? Find a financial advisor who can help you enjoy life with less money stress by visiting Wealthtender’s free advisor directory.

Whether you’re looking for a specialist advisor who can meet with you online, or you prefer to find a nearby financial planner, you deserve to work with a professional who understands your unique circumstances.

Have a question to ask a financial advisor? Submit your question, and it may be answered by a Wealthtender community financial advisor in an upcoming article.

–

Do you already work with a financial advisor? You could earn a $50 Amazon Gift Card in less than 5 minutes. Learn more and view terms.

This article originally appeared on Wealthtender. To make Wealthtender free for our readers, we earn money from advertisers, including financial professionals and firms that pay to be featured. This creates a natural conflict of interest when we favor their promotion over others. Wealthtender is not a client of these financial services providers.