Social Security Survivor Benefits After Divorce

Divorced Spouses Can Collect Survivor Benefits

If your ex-spouse dies, you may be eligible for Social Security survivor benefits based on their work record — even if they remarried after your divorce. This is separate from the divorced-spouse spousal benefits available while your ex is alive.

To be eligible for divorced-spouse survivor benefits, you must meet the first three conditions below. Your own retirement benefit affects the amount SSA pays:

• Your marriage lasted at least 10 consecutive years before the divorce was finalized
• You are at least 60 years old (or 50 if disabled)
• You are not currently married (with one exception — remarriage after age 60 does not disqualify you)
• If your own retirement benefit is higher, SSA generally pays the higher amount rather than both benefits in full

The survivor benefit can be up to 100% of your deceased ex-spouse's full retirement benefit, depending on your age when you begin collecting. At full retirement age (currently 67 for people born in 1960 or later), you receive the full amount. Claiming earlier reduces the benefit — at age 60, you would receive approximately 71.5% of the full benefit.

The Social Security Fairness Act Changed the Math

Before January 5, 2025, the Government Pension Offset (GPO) reduced or eliminated survivor benefits for divorced spouses who also received a state or local government pension — such as a Mississippi PERS retirement benefit. The GPO reduced the survivor benefit by two-thirds of the government pension amount, which often zeroed it out entirely.

The Social Security Fairness Act (H.R. 82) repealed both the GPO and the Windfall Elimination Provision, retroactive to benefits payable starting January 2024. This means divorced public employees in Mississippi — teachers, state workers, county employees, police officers, firefighters — can now seek their survivor benefit without a GPO reduction based on their PERS pension, subject to the ordinary Social Security eligibility and claiming rules.

If you were already receiving a reduced survivor benefit: The SSA should have automatically adjusted your monthly payment and issued a retroactive lump sum covering January 2024 through the adjustment date. Log into your my Social Security account to verify the increase appeared.

If you never applied because the GPO would have eliminated the benefit: You must file a new application. The SSA does not automatically enroll people who never applied. Contact the SSA at 1-800-772-1213 to schedule an appointment.

Survivor Benefits vs. Spousal Benefits

These are different programs with different rules:

You can coordinate survivor benefits with your own retirement benefit strategically. Some people start survivor benefits and switch to their own retirement benefit later, or use another sequence depending on age and benefit amounts. SSA can compare the options for your specific situation.

Filing for Survivor Benefits

To apply, contact the SSA at 1-800-772-1213 or visit your local Social Security office. You will need:

• Your Social Security number and your deceased ex-spouse's Social Security number
• Your certified divorce decree
• Your ex-spouse's death certificate (if available — the SSA can often verify the death through its own records)
• Your birth certificate
• Your most recent W-2 or self-employment tax return

If you are also navigating the post-divorce administrative transition in Mississippi, our Mississippi After-Divorce Checklist covers Social Security updates alongside every other identity, financial, and retirement task.

See more Mississippi guides →