January 2014

Question: My ex-husband has died.  Can I apply for his Social Security income, which is higher than mine?

Answer: If you are the divorced spouse of a worker who dies and your marriage lasted for 10 years or more, you could get the same benefits as a widow or widower, regardless of whether your ex-spouse remarried!

Benefits paid to you as a surviving divorced spouse who meets the age or disability requirement as a widow or widower will not affect the benefit rates for other survivors getting benefits on the ex-spouse’s record.
Note:  If you remarry after age 60 (age 50 if disabled), it will not affect your eligibility for survivors benefits.

Question:     My spouse has died.  How do I apply for the higher Social Security income?

Answer:    When your spouse dies you are entitled to receive his or her social security retirement income if it is higher than yours.
You can apply for benefits by visiting your local Social Security office or you can call the national toll-free service at 1 (800) 772-1213.  It is recommended that you call ahead to schedule an appointment to reduce your wait time but an appointment is not required.
You will be asked to provide documentation to show proof of your eligibility.  Below is a list of documents which may be requested:
•    Death Certificate;
•    Birth Certificate or other proof of birth;
•    Proof of U.S. citizenship or lawful alien status if you were not born in the United States;
•    U.S. Military discharge papers if you had military service before 1968;
•    U.S. Military discharge papers;
•    W-2 forms and/or self-employment tax returns for last year;
•    Final divorce decree, if applying as a surviving divorced spouse; and
•    Marriage certificate