Can You Draw Your Spouse’s Social Security After They Die?

Social Security provides a financial safety net for families after a worker passes away, offering benefits to eligible survivors. The Social Security Administration (SSA) administers these benefits, which can provide regular monthly payments to qualifying individuals.

Who Qualifies for Survivor Benefits

Eligibility for Social Security survivor benefits extends to various family members. Surviving spouses, including those who are divorced, may qualify if they meet certain criteria. A surviving spouse can begin receiving benefits as early as age 60, or age 50 if they have a disability that occurred within seven years of the worker’s death. The marriage must have lasted for at least nine months.

A surviving divorced spouse may also qualify for benefits if the marriage lasted for at least 10 years. These benefits can start at age 60, or age 50 if disabled. Remarriage does not affect these benefits if it occurs after age 60 (or 50 if disabled). Benefits paid to a divorced spouse do not reduce the benefits of other survivors.

Children of the deceased worker may also be eligible for survivor benefits. This includes biological, adopted, and stepchildren, as well as grandchildren and step-grandchildren. To qualify, a child must be unmarried and under age 18, or under age 19 if attending elementary or secondary school full-time. Benefits can extend indefinitely for children of any age with a disability that began before age 22.

Dependent parents of the deceased worker may qualify if they are at least 62 years old. They must have been receiving at least half of their financial support from the deceased worker at the time of death. These parents must not be entitled to a higher Social Security retirement benefit based on their own work record.

For any survivor to qualify, the deceased worker must have earned sufficient Social Security work credits. This usually means 40 credits, which equates to 10 years of work. Fewer credits may be required depending on the worker’s age at death.

Understanding Your Benefit Amount

The amount of Social Security survivor benefits is based on the deceased worker’s Primary Insurance Amount (PIA). The PIA represents the full retirement benefit the worker would have received at their full retirement age, calculated from their average indexed monthly earnings (AIME). Higher lifetime earnings for the deceased worker result in a greater potential benefit for survivors.

The percentage of the deceased worker’s PIA that a survivor receives varies based on their relationship and age when they claim benefits. A surviving spouse who has reached their full retirement age for survivor benefits can receive 100% of the deceased’s PIA. If a surviving spouse claims benefits earlier, between age 60 and their full retirement age, the benefit amount will be reduced, ranging from 71.5% to 99% of the PIA.

A surviving spouse caring for the deceased’s child who is under age 16 or has a disability can receive 75% of the deceased worker’s PIA, regardless of the spouse’s age. Eligible children are also entitled to receive 75% of the deceased’s PIA. For dependent parents, one parent may receive 82.5% of the PIA, and if two parents are eligible, each can receive 75%.

There is a maximum total benefit that can be paid to a family on one worker’s earnings record, known as the family maximum benefit. This limit ranges from 150% to 188% of the deceased worker’s PIA. If the sum of all eligible family members’ benefits exceeds this maximum, each individual’s benefit will be proportionately reduced until the total matches the family limit.

If a survivor works while receiving benefits and is younger than their full retirement age for survivors, their benefits may be subject to an earnings test. This test can reduce the benefit amount if earnings exceed certain annual limits. The specific earnings limits are updated annually by the Social Security Administration.

Gathering Information for Your Application

Gathering specific information and documents is necessary before applying for Social Security survivor benefits. You will need the deceased worker’s Social Security number and death certificate. Your own Social Security number and birth certificate will also be required to establish your identity and eligibility.

If you are applying as a surviving spouse, your marriage certificate is necessary. For a surviving divorced spouse, divorce papers will be needed to verify the marriage duration and dissolution. If dependent children are applying, their Social Security numbers and birth certificates should be prepared.

The Social Security Administration will also require the deceased worker’s W-2 forms or federal self-employment tax returns for the most recent year to verify their earnings record. Your bank account information, including the account and routing numbers, is important for setting up direct deposit of benefits. The SSA can assist in obtaining necessary information if you lack some documents.

Submitting Your Survivor Benefit Application

After preparing all necessary information and documents, you can submit your application for survivor benefits. Applications for survivor benefits are not available online. You can apply either by phone or in person at a local Social Security office.

To apply by phone, call the Social Security Administration’s national toll-free number, 1-800-772-1213. Representatives are available Monday through Friday, between 8:00 a.m. and 7:00 p.m. local time. If you prefer to apply in person, call ahead and schedule an appointment at your nearest Social Security office; appointments can be scheduled within 30 to 60 days.

It is important to report the death to the Social Security Administration as soon as possible, as the date you contact them can influence when benefits begin. After submission, the SSA will review your documents and determine eligibility. If approved, you may also be eligible for a one-time lump-sum death payment of $255, paid to an eligible surviving spouse or child.

Survivor Benefits and Your Own Social Security

Navigating Social Security benefits when you are eligible for both survivor benefits and your own earned retirement or disability benefits requires understanding how these two types of benefits interact. The Social Security Administration will pay the higher of the two benefit amounts. This is due to a rule known as “deemed filing,” where applying for one benefit is considered an application for the other if you are eligible for both.

For example, if your own earned retirement benefit is lower than the survivor benefit you could receive, you would be paid the higher survivor benefit. Conversely, if your own retirement benefit is greater, you would receive that amount. A common strategy involves claiming survivor benefits early, at age 60, then switching to your own retirement benefit later, at your full retirement age or age 70, if your own benefit would be higher due to delayed retirement credits.

This approach allows you to receive some income from Social Security sooner while allowing your personal retirement benefit to grow. The Social Security Administration will automatically ensure you receive the highest benefit for which you are eligible based on your specific circumstances.