What are the rules for a surviving divorced spouse in California to claim Social Security survivor benefits?
In California, a surviving divorced spouse can claim Social Security survivor benefits based on their ex-spouse's record if the marriage lasted 10 years or more and specific eligibility criteria are met. Here's how to apply for these federal benefits:
Step 1: Confirm Your Eligibility
First, ensure you meet the Social Security Administration (SSA) requirements. You must be at least 60 years old (or 50 if you are disabled), and your marriage to the deceased must have lasted for at least 10 years. You must also be unmarried. If you remarry before age 60 (or 50 if disabled), you lose eligibility on that ex-spouse's record. Remarriage after age 60 (or 50 if disabled) will not affect your eligibility.
Step 2: Collect Your Documents
Gather all necessary paperwork. You will need your Social Security number, birth certificate, and final divorce decree. You will also need your deceased ex-spouse's Social Security number and proof of their death (a death certificate). If you don't have these, the SSA can help you obtain them.
Step 3: Apply for Benefits
You must actively apply for benefits; they do not start automatically. You can apply online at the SSA website (ssa.gov), by calling the SSA at 1-800-772-1213, or by visiting a local Social Security office. It is best to schedule an appointment if you plan to go in person.
Step 4: Understand the Benefit Amount
The amount you receive depends on your age and the deceased's earnings record. You can receive between 71.5% and 100% of the ex-spouse's benefit amount. Claiming at your full retirement age or later entitles you to 100%.
Important considerations:
Social Security is a federal program, so the rules are the same in California as in any other state. Your own work status can impact your benefits; if you are under full retirement age and earn more than the yearly limit, your benefits may be reduced. You cannot receive both your own retirement benefit and a survivor benefit at the same time; the SSA will pay the higher of the two.
Note:
Applying as soon as you are eligible is critical, as waiting can mean losing out on potential payments. The rules for divorced spouses are complex, especially concerning remarriage or disability.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified attorney who specializes in Social Security benefits.
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Social Security
Benefits, disability claims, and retirement planning
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