Can a Spouse Inherit Social Security Benefits?

Social Security provides a financial safety net for American families, offering protection against the loss of income due to retirement, disability, or death. When a wage earner passes away, their surviving spouse may be eligible for Social Security survivor benefits. These benefits help families manage financial challenges after a contributing family member’s death. Understanding the criteria, calculation, and application process can help navigate this area.

Eligibility and Types of Spousal Survivor Benefits

A surviving spouse may qualify for Social Security survivor benefits based on the deceased worker’s earnings record. Eligibility generally requires a legal marriage that lasted at least nine months before the worker’s death. The surviving spouse must also meet certain age requirements; benefits can begin as early as age 60, or age 50 if the surviving spouse has a disability.

There are distinct categories of spousal survivor benefits. Widow(er)’s benefits are for a surviving spouse who was married to the deceased. If a surviving spouse is caring for the deceased’s child who is under age 16 or has a disability, they may be eligible for Mother’s or Father’s benefits at any age. This specific benefit is available as long as the child is also receiving Social Security benefits.

For those who were divorced, a surviving divorced spouse may also qualify for benefits if the marriage lasted for at least 10 years. The divorced spouse must generally be age 60 or older, or age 50 if disabled, and typically must not have remarried before age 60. These benefits for divorced spouses do not affect the benefits of other eligible family members of the deceased worker.

Calculating Spousal Survivor Benefit Amounts

The amount a surviving spouse receives is based on the deceased worker’s earnings record. The Social Security Administration (SSA) determines the deceased worker’s Primary Insurance Amount (PIA), which is the monthly benefit they would have received at their full retirement age. Survivor benefits are then calculated as a percentage of this PIA.

A surviving spouse who claims benefits at their own full retirement age for survivors can receive 100% of the deceased worker’s PIA. Claiming benefits earlier, such as at age 60, will result in a reduced benefit. If the surviving spouse is caring for a child under age 16, they can receive a percentage of the deceased worker’s benefit, regardless of their own age.

The maximum family benefit rule limits the total amount of benefits payable to a family on one worker’s record. If the combined benefits for all eligible family members exceed this maximum, each individual family member’s benefit will be proportionately reduced.

Preparing to Apply for Survivor Benefits

To streamline the process, gather necessary documents and information before applying. A certified death certificate for the deceased worker is required. Proof of marriage, such as a marriage certificate, is essential to establish the relationship. If applying as a divorced spouse, a final divorce decree will be needed.

Applicants will need their own Social Security number and birth certificate, along with the deceased worker’s Social Security number. Information regarding the deceased’s work history, such as W-2 forms or self-employment tax returns for the previous year, helps verify earnings. Provide bank account information for direct deposit to receive benefits efficiently.

Submitting Your Survivor Benefit Application

Submit the application to the Social Security Administration (SSA). While some Social Security services are available online, applying for survivor benefits generally cannot be completed through the internet. The most common methods for submitting an application are by phone or in person at a local Social Security office.

To apply by phone, individuals can call the SSA’s toll-free number. For in-person applications, scheduling an appointment at a local office is advisable to minimize wait times. Apply promptly, as benefits are often paid from the time of application.

Ongoing Considerations for Spousal Survivor Benefits

Certain factors can influence ongoing payments after survivor benefits are approved. If a surviving spouse works while receiving benefits and is younger than their full retirement age for survivors, their earnings may lead to a reduction in benefits. Once the surviving spouse reaches their full retirement age, these earnings limits no longer apply.

If a surviving spouse remarries before age 60, their eligibility for benefits from the deceased spouse’s record generally ends. However, if the remarriage occurs at or after age 60, it typically does not affect the continuation of survivor benefits.

For individuals eligible for both their own Social Security retirement benefits and survivor benefits, the SSA generally pays the higher of the two amounts. Surviving spouses often claim survivor benefits initially, then switch to their own retirement benefits later if their own benefit becomes higher. Report changes in circumstances, such as remarriage or significant changes in earnings, to the SSA to ensure proper benefit payment.