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SSR benefits after Ex Spouse Passing

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What is the name of your state? MI

Janke, is it true that I, being the ex spouse of a 17+ year marriage will not be able to draw SSR (when it comes to that time) under my deceased ex spouse because he was not drawing SSR at the time of his death?
 


Thanks you.

Soon after my ex's passing, I read everything that you provided but then came across this:

Eligibility for Divorced Spouse’s Survivors Benefit
The requirements and benefits for a surviving ex-spouse are very similar to those provided to surviving spouses
To collect Social Security benefits after your ex-spouse dies, your ex-spouse had to have been collecting SSDI (or Social Security retirement) benefits at the time of death. Also, you must still be unmarried (with some exceptions—see below), and:

etc etc etc.....

So much dis-information out there. It makes it really hard for some to plan for the future (let alone for a divorce). When I seen this my heart just about dropped as many of my past decisions were based on the info you provided.

It's been a long road. Just wrapped up the ex's probate which I successfully did myself. Probably the hardest thing I've had to do in life being the ex and all. Mind you, not feeling sorry for myself. I wish he was still here. I never wished him gone. His death has taken a toll on my girls that I would never wish upon them, ever.

With that said, and because I'm planning for the future like every SS statement/email I receive says to do, is there anyway for me to find out what his final benefit is? I have his last SS statement from 2008 and have somewhat of an idea but his income dramatically increased afterwards. (and no, just as I promised him, I never took him to court to increase my alimony or CS even after him taking me to court, for those who still remember my plight).

I've heard SS will not disclose this information until one applies. I have to wonder why that is when are so "vocal" about our need to plan for the future.

Thanks for any suggestions/insight. Sorry if I've vented a lil bit.
 

LdiJ

Senior Member
Thanks you.

Soon after my ex's passing, I read everything that you provided but then came across this:

Eligibility for Divorced Spouse’s Survivors Benefit
The requirements and benefits for a surviving ex-spouse are very similar to those provided to surviving spouses
To collect Social Security benefits after your ex-spouse dies, your ex-spouse had to have been collecting SSDI (or Social Security retirement) benefits at the time of death. Also, you must still be unmarried (with some exceptions—see below), and:

etc etc etc.....

So much dis-information out there. It makes it really hard for some to plan for the future (let alone for a divorce). When I seen this my heart just about dropped as many of my past decisions were based on the info you provided.

It's been a long road. Just wrapped up the ex's probate which I successfully did myself. Probably the hardest thing I've had to do in life being the ex and all. Mind you, not feeling sorry for myself. I wish he was still here. I never wished him gone. His death has taken a toll on my girls that I would never wish upon them, ever.

With that said, and because I'm planning for the future like every SS statement/email I receive says to do, is there anyway for me to find out what his final benefit is? I have his last SS statement from 2008 and have somewhat of an idea but his income dramatically increased afterwards. (and no, just as I promised him, I never took him to court to increase my alimony or CS even after him taking me to court, for those who still remember my plight).

I've heard SS will not disclose this information until one applies. I have to wonder why that is when are so "vocal" about our need to plan for the future.

Thanks for any suggestions/insight. Sorry if I've vented a lil bit.
What was the source of the information you copied here? The links I gave you were directly from the SSA website itself.
 
Last edited by a moderator:

commentator

Senior Member
That attitude is what you need to suspend a bit. There are no "hidden secrets" that you need to know, no ways they are going to deliberately cheat you out of anything to which you are legitimately entitled. I encourage you to work with Social Security with an open mind, and not set yourself up an adversarial relationship before you actually begin.

No agency is going to give you a "preview" of what you can draw or whether or not you will qualify. They could be held liable for providing false information, the situation could change, the person could be falsely identifying themselves when asking for the information, it something they are just trained not to do. And there's pretty much no NEED for you to have a preview or be prepared to debate and push before you sign up. The attorneys who advertise on TV will always tell you that you NEED an attorney, and you need their services because you KNOW that the government is going to mess over you if you don't have some super knowledgeable attorney talking for you. And that is such a falsification.

Almost no one who signs up for their benefits is totally well informed before they begin the process. But as I perpetually say, the people who work for these agencies get paid exactly the same whether or not you get benefits or whether you get more or less, there's no encouragement for them to keep you from qualifying except that you do or do not meet the requirements.
 
That attitude is what you need to suspend a bit. There are no "hidden secrets" that you need to know, no ways they are going to deliberately cheat you out of anything to which you are legitimately entitled. I encourage you to work with Social Security with an open mind, and not set yourself up an adversarial relationship before you actually begin. And there's pretty much no NEED for you to have a preview or be prepared to debate and push before you sign up
Commentator, I don't believe I said "hidden secrets". If your referring to my statement of "twists and turns" it referred to any one persons differing scenario's. Sorry I wasn't clearer.

While I won't be eligible to file for many, many years, wanting an estimate was meant to give me an idea of what I need to do financially "right now" in addition to what I've been already doing, to better prepare myself when that day arrives. In no way was it meant to "arm myself" to better debate with the SSI.
 
I used a calculator on the SSI site and I have a question about the outcome if I may.

It states your monthly retirement benefit is $1800 but the survivor spouse benefit is $2100. (Examples)

From what I've read, the benefit is based on the basic benefit amount. Can you tell me why there's a separate amount for the survivor benefit?

Or am I completely wrong?
 

LdiJ

Senior Member
I used a calculator on the SSI site and I have a question about the outcome if I may.

It states your monthly retirement benefit is $1800 but the survivor spouse benefit is $2100. (Examples)

From what I've read, the benefit is based on the basic benefit amount. Can you tell me why there's a separate amount for the survivor benefit?

Or am I completely wrong?
Ok, you get to claim SS retirement benefits on a spouse's credits if the spouse's(or ex spouse's) credits result in a higher amount than you would receive under your own credits. So, the retirement benefit is what you would get under your own credits, and the survivor spouse benefit is what you would receive under his credits. However, I am not sure that you are doing that accurately, because an ex spouse is only entitled to 1/2 of the benefit that the ex spouse would have received, not a surviving spouse benefit.
 

Janke

Member
I used a calculator on the SSI site and I have a question about the outcome if I may.

It states your monthly retirement benefit is $1800 but the survivor spouse benefit is $2100. (Examples)

From what I've read, the benefit is based on the basic benefit amount. Can you tell me why there's a separate amount for the survivor benefit?

Or am I completely wrong?

I don't even understand the question.

If you have your ex spouse wage information for the time before the divorce, you can plug that information into the calculator. The default assumption is that he will continue to make the same amount of money in future years as he did in the last year you posted. But since you are divorced, you don't know what his current income is and no one knows their future income, so the estimate will either be too high or too low. But it is a good place to start.

I knew my second ex husband had stopped work so it was easy for me to get an estimate on his record that was valid.

Decades ago I divorced my first ex husband after 9 3/4 years. I had earned more money than him while we were married, and decided I didn't want him to be eligible on my record (probably still angry about the divorce issues) nor have any claims on my pension. I now have no way of knowing if that was a good decision or not. He recently died in an accident and I sure wish that I could figure out if I could have gotten more on his record - not really knowing how much more money he made after the divorce. Too late now. In retrospect, it might have been smarter to delay the final divorce for three months. Unless that gave him rights to my pension...
 

HRZ

Senior Member
I think with a 10+ year marriage you as EX are entitled to 1/2 his SS amount while he is alive but full amount if he dies ...and some other qualifications of course
 
Thanks HRZ and Janke,
My ex unfortunately passed away almost two years ago after being divorced for 7 years. I was the personal representative for the estate per our girls request. Probably the hardest thing I've ever done.

I have all his financials and plugged them into the calculator. https://www.ssa.gov/planners/retire/AnypiaApplet.html If you look towards the bottom of the page you will see the below that I C&P.. The calculation is all based on his income. (His benefit will be higher than mine btw).

The monthly benefit calculated lower than the surviving spouse at full retirement age per the example I gave above. I also have an SS Statement of his from 2008 in which the survivor benefit is higher there as well. The question is, which do I use and was wondering why the difference between the amounts.



Here are your benefit estimates.
Your monthly retirement benefit:
For the disability and survivors estimates that follow, we assumed you will become disabled or die in 2018. We did not use earnings after 2018 in calculating these estimates.
Your monthly disability benefit:
Your monthly survivor benefits:
Your surviving child:
Your surviving spouse caring for your child:
Your surviving spouse at full retirement age:
Maximum of total family benefits:
 

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