Collecting Ex-Husband's Social Security & Military Retirement After His Death

Parent Cafe
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<p>My aunt is 75 and has collected social security based on her former husband’s income for several years (13?). They were married for over 20 years and have been divorced now for almost 30. She has never remarried. The ex-husband died recently and she fears she may lose the social security check. She’s called twice–one person said it will continue and the other said it would stop effective the date of his death. Apparently she can’t report the death officially to the Social Security Admn. – suppose that’s the responsibility of the next of kin, his wife–and get a straight answer. Guess these things take time. She also collected part of his military retirement as a part of their divorce settlement and believes that will also stop. Seems harsh to me that a woman of her age loses her benefits upon his death. She has become dependent upon them!</p>

<p>Her daughter is doing some research, but I thought I’d check if anybody here on CC has prior experience with similar situations with your family members.</p>

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<p>I don’t know about the military retirement, but she should still be eligible for some social security benefit deriving from her ex. </p>

<p>She may need to file a new application in order to get widow’s benefits.</p>

<p><a href=“http://www.ssa.gov/sf/FactSheets/WomenandSSrev1.pdf[/url]”>http://www.ssa.gov/sf/FactSheets/WomenandSSrev1.pdf&lt;/a&gt;&lt;/p&gt;

<p>[Survivors</a> Planner: Benefits For Your Surviving Divorced Spouse](<a href=“http://www.ssa.gov/survivorplan/onyourown3.htm]Survivors”>http://www.ssa.gov/survivorplan/onyourown3.htm)</p>

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<p>I’m pretty sure military retirement income ends upon death of the person who served in the military so it makes sense that would stop for her. It sounds like a judgement against his ‘income’, of which the retirement pay was a component, but he has no income like this after he passes away. I’m assuming this is retirement pay and not some kind of annuity through the military or otherwise.</p>

<p>But I’m no expert on this. She needs to check on it.</p>

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<p>The military retirement will depend on whether he paid into the Survivor Benefits Plan.</p>

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<p>Re SS benefits- when my dad died, my mother had to reapply for benefits. </p>

<p>They based her benefit on her ex husband’s income - from whom she’d been divorced 35 years previously and who predeceased my father. Since basing it on her ex’s income gave her the higher benefit.</p>

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<p>Cap, he did pay into Survivor Benefits Plan, but believe it may go to his wife of 28 years rather than to my aunt, who is his ex-wife.</p>

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<p>My mom has received SS from my dad, her ex H. When he passed away, the benefit increased a bit, as it did for his wife as well. </p>

<p>For anyone contemplating divorce, be sure to stay married for 10 years, as it takes that length of marriage to collect benefits. Not that it is as important in these days of dual income marriages.</p>