Unique Inheritance Issues: Ex Spouses Inheritance Rights to Social Security

What of widow / ex-spouse Social Security rights after age 60:
1) If your ex-spouse has died (you’re a surviving divorced spouse)

• Age rule: You can claim survivor benefits starting at 60 (or 50 if disabled; any age if caring for the decedent’s child under 16/disabled).
• Marriage length: Your prior marriage must have lasted at least 10 years.
• Remarriage: If you remarry at 60 or later, you still can receive survivor benefits on your late ex’s record. Remarriage before 60 generally ends eligibility (unless that marriage ends).
• Amount: At age 60, the survivor benefit is about 71.5% of what your late ex was due; it rises each month you wait and can reach up to 100% at your survivor full retirement age (66–67, depending on birth year).
• Coordination tip: You may take a survivor benefit first and later switch to your own retirement benefit (up to age 70) if it would pay more.

2) If your ex-spouse is alive (regular divorced spousal benefit)

• The earliest claim age is 62 (not 60), with the 10-year marriage rule and other eligibility requirements. Max is up to 50% of your ex-spouse’s full benefit at your FRA (reduced if claimed early)

3) Working while you claim (before FRA)

• If you work before your full retirement age, earnings test may reduce monthly payments: in 2025, the limit is $23,400 (or $62,160 in the year you reach FRA, counting only months before FRA). After FRA there’s no limit. Monthly administrative limit reference: $5,180

4) How to apply / what to expect

• Survivor claims often require contacting SSA

​If you have questions about the inheritance rights of an ex-spouse or a surviving spouse, contact our office or schedule a free consultation at https://calendly.com/forwardestateplanning/aristov-law-pc