Larry, my sister-in-law, passed away last year at age 50. She and her surviving ex-husband, were the same age (he is now 51). They have three children, one of whom is under 16 (he's 11) and is currently collecting monthly survivor benefits on his mother's record (I believe it comes to 75% of her benefit amount; the other two children are over 18). My questions: Can the surviving ex-spouse also collect survivor benefits (which I believe would also be 75% of her benefit), given that he is now the sole caretaker of their young son who is under 16? If so, would the surviving ex-spouse's benefits cease once their son turns 16 (the ex-husband would be 56)? (The young son's benefits would continue until he is 18 or completes high school, whichever is later.) And, if so, could the ex-husband, as my sister in law's surviving ex-spouse, then refile several years later to collect his spousal benefits once he turns 60, provided he has not remarried? And, if so, if he delays that second filing until he reaches full retirement age at 67, his spousal benefit be 100% of Becky's full retirement age benefit, correct? Thank you!!

Hi. Yes, it sounds like the surviving ex-spouse could claim surviving divorced father's benefits (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0416.html) at least while his son is under age 16, but if he's working then the Social Security earnings test may apply. The ex-spouse could claim benefits up to 6 months retroactively, but Social Security would need to withhold $1 of his benefits for each $2 that he earned in excess of $18,960 last year and $1 of benefits for each $2 that he earns in excess of $19,560 in 2022.

Surviving divorced father's benefits are calculated based on 75% of the deceased worker's primary insurance amount (PIA), just like surviving child's benefits.

The ex-spouse could later claim surviving divorced spousal benefit as early as age 60, but only if he and the deceased worker were married for at least 10 years. His surviving divorced spousal benefit rate would be calculated at 100% of the deceased's PIA if claimed at his full retirement age (FRA). If he claims survivor benefits at age 60 his rate would be 71.5% of the deceased worker's PIA. Again, though, the Social Security earnings test could apply up until he reaches FRA.

Also, no one can be paid both their own benefits and a full survivor benefit at the same time. If a person is entitled to more than one type of Social Security benefit at the same time, they can basically just be paid the higher of the 2 benefit rates.

Best, Jerry