Significance

• The general work history rules require 10 years or 40 quarters of payment into the Social Security system, but a deceased worker has some special regulations. He may have six credits during the three years before death for his survivors to collect benefits on his entitlement. Workers deceased before age 31 have other special rules. Once the deceased worker qualifies, the survivors must also qualify.
  
  

Features

• A divorced spouse who cares for a minor child of the deceased is entitled to survivors benefits. The minor child is also entitled to survivors benefits. If the divorced spouse does not care for the deceased's minor child, Social Security rules require marriage to the deceased for at least 10 years, and 60 years of age to collect survivors benefits. The spouse may be age 50 if disabled. The Social Security regulations do not allow remarriage before age 60 unless the marriage has ended before claiming survivors benefits. Marriage after age 60 has no effect on survivors benefits.
  
  

Time Frame

• The divorced spouse should apply for Social Security survivors benefits soon after the death of the deceased. Social Security benefits are not retroactive earlier than the date of application. Social Security recommends that you have proof of death, your Social Security number and the deceased's Social Security number, your birth certificate and marriage certificate, divorce papers, dependent children's Social Security numbers and birth certificates and the deceased worker's most recent W-2 forms or federal tax return. If you do not have these items, the Social Security Administration warns not to delay your application for benefits. Social Security employees may help acquire the documentation.
  
  

Benefits

• A surviving divorced spouse's entitlement is the same as a current spouse, and at age 60 is about 71.5 percent of the deceased worker's benefit amount. At full retirement age or older, you receive 100 percent of the deceased spouse's entitlement. There is a maximum family limitation that applies to a divorced spouse only if you are caring for a minor child of the deceased.
  
  

Considerations

• Your survivors benefits are affected by employment if you are under full retirement age. Full retirement age for those born from 1943 to 1954 is 66. You may encounter a penalty of $1 for every $2 you earn over the income limit. That limit in 2010 is $14,160.
  
  Remarriage will eliminate your survivors benefits if you are under age 60, but if you are caring for a deceased worker's child, the child's survivors benefits will continue.
  
  Once you are age 62, you may choose to take benefits based on your own Social Security work history. You can make this change and collect benefits on your work history, but it may be to your advantage to collect benefits on your deceased spouse's entitlement and allow your benefits to grow until you are full retirement age.