Ask Larry

My mom and dad were married for 18 yrs before getting divorced which when he retired she got a portion of his retirement he passed away 2weeks ago and my mom is scared to death they will take away anything she was getting is she entitled to anything now that he has passed

Hi. I'm sorry for your loss. I see no reason to think that your mother has anything to worry about with regard to her benefits. If your mother has been receiving benefits as a divorced spouse, then her divorced spousal rate should go up as a surviving ex-spouse.

Divorced spousal benefits from a living ex-spouse's account are calculated based on 50% of the worker's primary insurance amount (PIA), whereas divorced spouses can receive up to the higher or their own benefit rate or their ex-spouse's full rate as a survivor. Such benefit increases are automated, so once Social Security receives proof of your father's death they should take action to raise your mother's divorced spousal rate to a survivor rate.

Best, Jerry