Law & Legal & Attorney Government & administrative Law

Who Would Get the Social Security If I Died & Am Divorced?

Spouse and Ex-Spouse

  • A deceased worker's current and former spouses qualify to receive SSA benefits if they are at least age 60, 50 if disabled. If the deceased's current or former wife remarries before age 60 and the subsequent marriage remains intact, she cannot receive SSA benefits based on the deceased's work history. For an ex-spouse to receive benefits, the SSA requires her to have remained married to the deceased for a at least 10 years. If the deceased's current or former wife cares for the deceased's natural or legally adopted child who is under 16 or disabled, she can receive SSA benefits regardless of her age or marital status.

    Depending on her age and the type of SSA benefit she receives, a worker's current or former wife will receive a monthly benefit between 71.5 percent and 100 percent of the deceased's accrued benefit. The SSA does not include benefits paid to a deceased's ex-spouse in the calculation of aggregate benefits paid to a qualified worker's family members unless she is the primary caregiver for the deceased's child.

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