Can I get Social Security survivor benefits from my deceased ex-spouse?
Here's the deal: if your ex-spouse died and your marriage lasted 10 years or longer, you may qualify for the same survivor benefit as a current widow(er) — even if you've been divorced for decades. Most divorced widows don't know this. SSA does not notify you when an ex passes. You have to know to ask.
Dr. Ed Weir, PhD · 20 years inside Social Security · "Former" Sergeant, USMC
Updated April 2026
Can I get Social Security survivor benefits from my deceased ex-spouse?
If you were married to your ex-spouse for 10 or more years and they have died, you may qualify for divorced-survivor benefits worth up to 100% of their PIA at your survivor full retirement age. You must be unmarried or have remarried at age 60 or later. The benefit is independent of any current marital status of any second ex-spouse. Apply by phone or in person.
When you're ready for Medicare — usually at 65
Free help from licensed Medicare advisors
If you're sorting out a survivor claim and approaching 65, Chapter Medicare can help with Medicare. Licensed advisors who can compare what's out there. Free service. Tell them Dr. Ed sent you.
Here's what to do.
Divorced-survivor benefits are easy to miss. Run through these in order.
1. Confirm the marriage lasted at least 10 years
Divorced-survivor benefits require the marriage to have lasted at least 10 years before the divorce was final. Pull your marriage and divorce certificates and confirm the dates. The 10-year clock counts from the date of marriage to the date the divorce was final — not separation.
POMS RS 00207.001 (Surviving Divorced Spouse) ›2. Confirm your current marital status meets the rule
You must currently be unmarried, OR you must have remarried at age 60 or later (50 if disabled). If you remarried before age 60 and are still in that marriage, you do not qualify for divorced-survivor benefits on the deceased ex's record. If that subsequent marriage ended (divorce, annulment, or death), eligibility may be restored.
POMS RS 00207.005 ›3. Apply by phone or in person — there's no online application for survivors
Call SSA at 1-800-772-1213 or visit a local office. There is no online survivor application. Bring a certified death certificate (if you have one), the marriage certificate, the divorce decree, your Social Security number, and the deceased's Social Security number. SSA can confirm the death from federal records even if you don't have a certificate.
SSA Survivor Benefits ›4. If you have your own retirement record, ask SSA about the switch strategy
Divorced-survivor benefits are NOT subject to the deemed-filing rule. You can claim a reduced divorced-survivor benefit early and switch to your own (boosted) retirement at 70. Or claim your own first and switch to a higher divorced-survivor amount later. Have SSA run both scenarios at your appointment.
POMS RS 00615.020 (Survivor Benefits) ›2026 divorced-survivor numbers
Which of these sounds more like you?
Divorced-survivor situations vary by your age, current marital status, and remarriage history. Find the situation closest to yours.
We were married 10+ years and I'm now unmarriedThe standard divorced-survivor path
If your marriage to your now-deceased ex lasted at least 10 years and you're currently unmarried, you may qualify for a divorced-survivor benefit. The amount and reduction schedule are the same as a current widow(er) — 100% of the ex's PIA at your survivor FRA, 71.5% at age 60.
Apply by phone or in person. SSA does not contact you when an ex dies; you have to know to ask.
I remarried after age 60Benefits are protected
If you remarried at age 60 or later, your divorced-survivor benefit on your deceased ex's record is preserved — the remarriage does not terminate eligibility. This rule has been in place for decades but is widely misunderstood.
If you have multiple eligible records (multiple deceased exes from 10+ year marriages), SSA will pay the higher of the two. You don't have to choose just one without comparing.
Plenty of widows wait years past 60 to remarry because they're afraid of losing benefits. They don't lose them. Tell your friends.
I remarried before age 60 and I'm still in that marriageBenefits are blocked while married
If you remarried before turning 60 and you're still in that marriage, you cannot claim divorced-survivor benefits on the deceased ex's record. The rule applies even if the second marriage isn't doing well financially.
If the subsequent marriage ends — by divorce, annulment, or the death of the new spouse — you may regain eligibility on the original deceased ex's record. Talk to SSA right after that change.
I had more than one 10+ year marriageSSA pays the highest benefit
If you've had more than one marriage that lasted 10+ years, and more than one ex has died, you may have access to multiple divorced-survivor records. SSA pays only one survivor-type benefit at a time, but you generally get to pick the highest.
Gather marriage and divorce dates for every prior 10-year marriage. Don't omit one because you assume the other is bigger — SSA will run the math both ways.
If you don't tell SSA about every eligible record, they won't find them for you. Bring marriage and divorce dates for all 10-year unions. The benefit difference can run into hundreds of dollars per month.
My deceased ex had a federal or state pensionGPO repealed in January 2025
If your ex had non-covered government employment (CSRS federal, state teacher pensions, etc.), the old GPO rule reduced divorced-survivor benefits by two-thirds of any pension paid to YOU from non-covered work. The Social Security Fairness Act repealed GPO in January 2025.
If you previously didn't apply because GPO would have eliminated the benefit, apply now. The benefit may be substantial.
GPO blocked thousands of divorced widows from collecting on their ex's record. Now it's gone. If you stopped applying years ago because of GPO, run the numbers again — it's a different game.
I have my own retirement recordSurvivor exempts you from deemed-filing
Like all survivor benefits, divorced-survivor benefits are NOT subject to the deemed-filing rule. You can claim a reduced divorced-survivor benefit at 60 and switch to your own (boosted) retirement at 70. Or claim your own first and switch to the higher divorced-survivor amount later.
Which path is better depends on the relative size of the two benefits. SSA can run both scenarios.
If your own retirement is comparable to the divorced-survivor amount, the optimization gets nuanced. A fee-only Social Security planner can run multiple claim scenarios. Worth the consultation when the difference can be tens of thousands over a lifetime.
I didn't even know my ex had diedRetroactivity may be limited
SSA does not notify ex-spouses when a worker dies. If you find out years later, you may still apply, but retroactive benefits are limited. Generally up to 6 months of retroactivity for those at survivor FRA, less for earlier filings.
If you suspect a long-deceased ex but aren't sure, SSA can confirm via Social Security number. Worth the call if the marriage was 10+ years and you're 60+.
I'm helping a parent claim on a deceased ex's recordBystander — the three dates that matter most
If you're helping a parent file a divorced-survivor claim, the three dates that drive eligibility are: marriage date, divorce date, and date of death. Get all three on paper before you call SSA.
Also confirm the parent's current marital status — unmarried, OR remarried at age 60+. Without one of those two conditions, the claim is blocked. Apply by phone (1-800-772-1213) or in person. There's no online survivor application.
Other programs worth checking
If you're claiming a divorced-survivor benefit, your countable income may now qualify you for additional help. Worth a five-minute look.
Medicare Savings Program (MSP)
If your countable income is modest, MSP can pay your Part B premium of $202.90/month plus deductibles and copays. Worth a check after a divorced-survivor claim establishes your new income picture.
Extra Help (Low Income Subsidy)
Extra Help reduces Medicare Part D drug costs to near zero. SSA administers it directly. Re-screen if your income picture changed.
Medicaid
If your countable income is below your state's threshold, you may qualify for Medicaid alongside Medicare. Medicaid covers what Medicare leaves out — long-term services, dental, vision, transportation.
SNAP
Food assistance for low-income households. Senior households often qualify at higher gross income than they expect because of the standard deduction and medical-expense deduction.
LIHEAP
Low Income Home Energy Assistance Program helps pay heating and cooling bills. Each state runs its own program; thresholds vary.
Property Tax Relief
Most states offer senior and surviving-spouse property tax exemptions, deferrals, or circuit-breaker credits. Some states layer a widow/widower exemption on top of the senior tier.
Everything people ask me
How long does the marriage have to have lasted?
At least 10 continuous years before the divorce was final. The clock measures marriage date to divorce-final date, not separation date.
How much will my divorced-survivor benefit be?
Same as a current widow(er): up to 100% of the deceased ex's PIA at your survivor FRA, 71.5% at age 60. Filing between those ages phases up roughly linearly.
Do I have to be unmarried to claim?
Yes, with a key exception: if you remarried at age 60 or later, your divorced-survivor benefit is preserved. Remarriage before 60 (and still married) blocks the claim.
Can I claim from more than one deceased ex?
You can have eligibility on multiple records if more than one prior 10-year marriage produced a deceased ex. SSA pays only one divorced-survivor benefit at a time, but you generally get to pick the highest.
Will my ex's current spouse block my claim?
No. Divorced-survivor and current-survivor benefits are paid independently from the worker's record. The current widow(er) gets their full benefit, and you get yours, separately.
Does the deemed-filing rule apply?
No. Survivor benefits, including divorced-survivor, are exempt from deemed filing. You can claim a reduced divorced-survivor benefit early and switch to your own retirement at 70 (or vice versa).
How do I find out if my ex died?
SSA does not notify ex-spouses when a worker dies. Call SSA at 1-800-772-1213 with your ex's Social Security number, name, and date of birth. SSA can confirm the death from federal records.
Can I get retroactive benefits if I find out years later?
Retroactivity for survivor benefits is generally up to 6 months for claimants at or above survivor FRA. Earlier filings have less or no retroactivity. The amount lost depends on how long ago the death occurred.
Does the 2-year-divorce rule apply to divorced-survivor benefits?
No. The 2-year rule applies only to divorced-spouse benefits when the worker is alive but hasn't filed. Once the worker dies, the 2-year rule does not apply to divorced-survivor claims.
Will my divorced-survivor benefit be reduced if my ex took benefits early?
The widow(er)'s limit applies. The benefit is calculated using the higher of the deceased's actual benefit or 82.5% of the PIA, with adjustments for your filing age. SSA will run the math.
Sources
Every figure and rule on this page is verified against primary sources. Last verified 2026-04-26.
- Surviving divorced spouses qualify for benefits if the marriage lasted at least 10 years and the claimant is currently unmarried or remarried at 60+. —secure.ssa.gov(verified 2026-04-29)
- Divorced-survivor benefit equals 100% of deceased worker's PIA at the claimant's survivor full retirement age. —secure.ssa.gov(verified 2026-05-07)
- Divorced-survivor benefit at age 60 is 71.5% of the deceased worker's PIA. —secure.ssa.gov(verified 2026-05-07)
- Remarriage at age 60 or later does not terminate divorced-survivor benefits on the deceased ex's record. —secure.ssa.gov(verified 2026-05-07)
- A surviving divorced spouse's benefit is not subject to the family-maximum reduction that applies to other survivors on the worker's record. —secure.ssa.gov(verified 2026-05-07)
- The 2-year independent-filing rule for divorced spouses does not apply to surviving divorced spouses; the worker's death enables immediate filing. —secure.ssa.gov(verified 2026-05-07)
- Divorced-survivor benefits are exempt from the deemed-filing rule; survivors retain the right to claim one benefit and switch later. —ssa.gov(verified 2026-04-27)
- Disabled surviving divorced spouses may claim as early as age 50 with a disability that began within 7 years of the worker's death. —secure.ssa.gov(verified 2026-05-07)
- The Social Security Fairness Act of 2024 repealed the Government Pension Offset for divorced-survivor benefits effective January 2025. —ssa.gov(verified 2026-04-27)
- Survivor claim retroactivity is up to 6 months for claimants at or above survivor full retirement age. —secure.ssa.gov(verified 2026-05-07)
I'll let you know when the rules change.
Divorced-survivor rules are stable but the GPO repeal in January 2025 changed the math for many former spouses of federal/state workers. Drop your email and I'll send a plain-English note when something moves.
Your email goes to Dr. Ed — not to insurance companies, not to the government. Unsubscribe anytime.