Have you recently lost your ex-spouse who was fully or currently insured? § 404.340

If so, you may be entitled to mother’s or father’s benefits as a surviving divorced spouse.

These benefits can be claimed if you meet certain criteria outlined in § 404.340 of the Social Security Administration’s regulations.

Firstly, you must have been validly married to the insured under State law, as described in § 404.345, or deemed to be validly married as described in § 404.346. If the marriage ended in a final divorce, you must be the mother or father of the insured’s child or have been married to the insured when either of you adopted the other’s child or when both of you adopted a child, and the child was then under 18 years old.

Secondly, you must apply for these benefits, or you were entitled to wife’s or husband’s benefits for the month before the insured died. Additionally, you must be unmarried, not entitled to widow’s or widower’s benefits, or to an old-age benefit that is equal to or larger than the full mother’s or father’s benefit.

Lastly, you must have in your care the insured’s child who is under age 16 or disabled, is your natural or adopted child, and is entitled to child’s benefits on the insured person’s record. The conditions for when a child is considered to be in your care are described in §§ 404.348 and 404.349.

Here’s an example to illustrate how the criteria for entitlement to mother’s or father’s benefits as a surviving divorced spouse might apply in a real-life situation:

Sarah and John were married for 10 years and had a child together, but they divorced five years ago. John had been working and paying into Social Security during their marriage, and continued to do so after their divorce. Tragically, John passed away last month in a car accident.

Sarah is devastated by John’s death and is struggling to provide for their child on her own. She wonders if she might be eligible for any Social Security benefits as John’s surviving divorced spouse.

After researching the Social Security Administration’s regulations, Sarah learns that she may be entitled to mother’s benefits as a surviving divorced spouse if she meets certain criteria. She confirms that she was validly married to John under State law and that their marriage ended in a final divorce. She is also the mother of John’s child, who is under age 16 and entitled to child’s benefits on John’s record.

Sarah applies for mother’s benefits as a surviving divorced spouse and is approved. She receives a monthly benefit amount based on John’s earnings record, which helps her to provide for their child and cover their household expenses. While she is still grieving John’s loss, Sarah is grateful for the support she’s receiving and the peace of mind it provides.

If you meet these requirements, you may be entitled to mother’s or father’s benefits as a surviving divorced spouse. Don’t hesitate to reach out to the Social Security Administration to apply for these benefits and get the support you need during this difficult time.

https://www.ssa.gov/OP_Home/cfr20/404/404-0340.htm