Social Security Divorced Spouse Benefits FAQ
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If you are receiving retirement or disability benefits on your own record, you will need to apply in person for survivors benefits. If you are receiving a spousal benefit off your ex-spouse and you are FRA or
older, the SSA will automatically switch you to the survivors benefit upon notification of death. Under most circumstances, the funeral home will report the person’s death to the SSA. If you are currently
receiving a spousal benefit off your ex-spouse and you are younger than FRA, the SSA will stop the (excess) spousal benefit, and you will need to apply for the reduced survivors benefit. Please see MFS
®
“Social Security Spousal FAQ” for more information on excess spousal benefits.
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$59,520 if you turn FRA in 2024. Earnings limit applies only to earnings received after you start receiving Social Security benefits but before you turn FRA.
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Can I receive the maximum survivors benefit even if I receive
a reduced spousal or retirement benefit?
Yes, even if you are receiving a reduced retirement or spousal
benefit, you are still eligible for the maximum survivors benefit
if you are Full Retirement Age (FRA) or older when you apply for
the survivors benefit.
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After your ex-spouse passes away, you will
receive the greater of your retirement benefit or survivors benefit
off your ex-spouse.
Hypothetical example
Gloria applied for Social Security at age 62 and was receiving
a reduced spousal benefit off her ex-spouse. Gloria is now age
67 and her ex-spouse recently passed away. Because Gloria has
reached her FRA, she is eligible for 100% of her deceased
ex-spouse’s retirement benefit.
Can I start with my retirement benefit, and then switch to the
survivors benefit off my ex-spouse? How about vice versa?
In some cases, a surviving divorced spouse may start with one
benefit and switch to another. For example,
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you may be able to start with a reduced survivors benefit as early
as age 60 and then switch to your retirement benefit at
any time between age 62 and 70
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you may also be able to start with your reduced retirement
benefit as early as age 62 and then switch to your survivors
benefit
If you will be using one of these strategies, please ask the Social
Security representative if you can receive one benefit and delay the
other to increase its value. Otherwise, the SSA may give you the
greater of the two benefits. Please note that if you are under FRA
there may be limits on how much you can earn. Contact the SSA for
more information and to see if either strategy is available.
Working and receiving Social Security benefits
What if I worked?
If you worked, you generally receive the greater of your retirement
benefit or the benefit based on your ex-spouse’s earnings record.
Can I receive a spousal or survivors benefit even if I never
worked?
Yes, even if you never worked, you may be eligible to receive a
spousal or survivors benefit off your ex-spouse.
Can I work and receive benefits at the same time?
An earnings limitation applies before FRA. If you continue to work,
are under FRA, and earned more than $22,320 in 2024, your
retirement benefit as well as the spousal and survivors benefit off
your ex-spouse may be temporarily withheld.
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After you reach FRA,
you can earn as much as you want without any withholding.
What if I worked in a government position that did not pay into
Social Security and my ex-spouse worked in the private sector?
Your spousal and survivors benefit could be reduced by two-thirds
of your government pension. Please refer to the SSA’s publication
“Government Pension Offset” for more information on this topic.
Work and Social Security (earnings test)*
AGE 2024 EARNINGS LIMIT WITHHOLDING
Under Full
Retirement Age
for the full year**
$22,320
($1,860 per month)***
$1 in benefits
withheld for every
$2 in earnings
above limit
Reach Full
Retirement Age
during 2024**
$59,520
($4,960 per month)***
$1 in benefits
withheld for every
$3 in earnings
above limit
* Earnings test applies to any benefit (retirement, spousal, survivors, ex-spouse) received before
FRA. Earnings test is based on earned income only. Dividend, capital gains, rental income,
distributions from IRAs and workplace retirement plans, etc. may not be not counted as earned
income. Please contact a qualified tax advisor for more information on earned income. If married,
the earnings test applies only to spouse(s) receiving Social Security benefit.
** The SSA uses the FRA for retirement benefits when applying the earnings test for all benefits. If
you were born between 1957 and 1961, the FRA for survivors benefit is two to four months earlier
than the FRA for retirement benefits. Although FRA for survivors benefits may be earlier, the SSA
uses the FRA for retirement benefits for the earnings test. This rule applies even if you are not
receiving retirement benefits.
*** Special earnings monthly limit may apply the first calendar year. This limits monthly earnings to
$1,860 starting in the month Social Security benefit begins and ending in December. If earnings
exceed $1,860 in any remaining month of the calendar year, you won’t be entitled to any benefit
for that month. If turning FRA in 2024, the monthly earnings limit is $4,960 until the month you
turn FRA.