My husband and his ex-wife were married 25 years. Following their divorce, at the age of 51, she remarried. Her second marriage lasted 30 years before her husband passed away. She is getting a widows benefit from the 2nd husband's SSA record. Half of my husband's social security is greater than the widows benefit she is getting, but SSA is saying she isn't eligible for it. I'm not confident they are always correct. Is she ineligible? As this is her only income, we would like for her to get as much as possible. Thank you.

Hi,

Unreduced divorced spousal benefits payable on the record of a living worker are calculated based on 50% of the worker's primary insurance amount (PIA), not 50% of the worker's actual benefit rate. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA).

Since your husband's ex-wife is apparently over full retirement age (FRA), it sounds like she would be eligible for a benefit equal to the higher of a) 50% of your husband's PIA, or b) her widow's benefit rate. If 50% of your husband's PIA is higher then her widow's rate, your husband's ex-wife should apply for divorced spousal benefits regardless of what she's been told by a Social Security employee. If her claim is disallowed, she would then have appeal rights.

Best, Jerry