Can a Divorced Client Claim a Survivor Benefit at Age 62?

A divorced client was married to her husband for 25 years. He is 25 years older and neither of them ever remarried. He passed recently and she would like to know if she can claim a “Survivor Benefit”.  She is now 62 and eligible for a benefit of her own of $1,916 at her FRA. 

Your client, who is 62 years old and was married to her ex-husband for 25 years, is eligible for a surviving divorced spouse benefit. Since her ex-husband recently passed away and neither of them remarried, she can choose between a couple of different strategies depending on what will provide her with the maximum benefits over time. Importantly, Deemed Filing rules do not apply to survivor benefits, giving her more flexibility in how she claims these benefits.

Here are her options:

1. Claim the Survivor Benefit Now: She can start claiming the survivor benefit immediately, which would provide her with income now. This option would allow her to defer her own retirement benefit until her Full Retirement Age (FRA) or even delay it further until age 70 to maximize the benefit amount. By waiting, her own benefit could increase due to Delayed Retirement Credits (DRCs).

2. Claim Her Own Benefit Now: She can start claiming her own retirement benefit now, which would be reduced because she is claiming before her FRA. Then, at her FRA, she could switch to the survivor benefit, which would be unreduced if she waits until FRA to claim it. This strategy allows her to take some income now while reserving the larger benefit for later.

Your client should consider her financial needs, life expectancy, and overall strategy when deciding which option to pursue. Depending on the exact amounts she is eligible to receive from her ex-husband’s record versus her own, one option may be significantly more advantageous than the other.

The content on this blog is for informational purposes only and is not legal, financial, or professional advice. Social Security rules change periodically, so some information may become outdated. For the most accurate advice, consult a certified National Social Security Advisor (NSSA®). Social Security Professionals, LLC, and NSSA® are not responsible for any errors, omissions, or actions taken based on this blog's content. Use of this blog does not create a client relationship, and all information is provided "as is" without guarantees. By using this blog, you agree to hold Social Security Professionals, LLC, and NSSA® harmless from any claims or liabilities arising from its content. For personalized guidance, contact an NSSA® professional.