About Widow’s Benefits vs. Benefits from my Ex-spouse – Ask Rusty

Dear Wondering Widow: Provided you have not remarried before age 60, you have a choice which benefit to receive – either your deceased husband’s benefit as his surviving spouse, or your ex-spouse benefit from your ex-husband while he is still living. Taking your survivor benefit from your deceased husband will likely be best because it is based on 100% of his SS amount when he died, whereas your ex-spouse benefit from your living ex-husband is based on 50% of his FRA entitlement. To get an ex-spouse benefit from your ex-husband (which you can’t get until you are 62), your own SS retirement benefit would need to be less than 50% of your ex’s FRA entitlement.  

As you know, you will be eligible for survivor (widow’s) benefits from your deceased husband when you are 60 but be aware that by taking your survivor benefit at 60, it will be reduced for early claiming. Rather than 100% of your husband’s SS benefit, at age 60 you will get about 71.5%. Your surviving spouse benefit reaches maximum at your full retirement age (FRA) of 67 and will grow to that point but will be reduced if taken prior to that. 

Also, if you are working, Social Security’s “earnings test” will apply until you reach your full retirement age, so your plans for working may influence your decision on when to claim your widow’s benefit. If you exceed the earnings limit ($22,320 for 2024; it changes annually), Social Security will take away $1 in benefits for every $2 you are over the limit. They “take away” by withholding future benefits until the penalty is satisfied, which means you would go some number of months without benefits. And, if you substantially exceed the earnings limit you may even be temporarily ineligible for any SS benefits (until you earn less or reach your FRA – the earnings test goes away at your FRA). 

If you claim your surviving spouse benefits from your deceased husband first, and your ex-husband later dies, you do have the option to switch to the higher survivor benefit from your ex-husband. In effect, if both husbands are deceased, you have a choice which benefit to take (and, obviously, you’d chose the higher of the two).  

None of this, however, happens automatically. To claim your surviving spouse benefit you will need to contact Social Security directly at 1.800.772.1213 (or call your local SS office) to make an appointment to apply for widow’s benefits.  

Thank you for submitting your question to our Social Security Advisor department. Be sure to share our link with your family and friends. 

This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained and accredited by the National Social Security Association (NSSA). NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (amacfoundation.org/programs/social-security-advisory) or email us at [email protected].