Do You Get Your Spouse’s Social Security If They Die?

Social Security survivor benefits offer a financial safety net for families after a covered worker’s death. These benefits are administered by the Social Security Administration (SSA) and are based on the deceased worker’s earnings record.

Eligibility for Survivor Benefits

Survivor benefits are available to various categories of individuals, each with specific relationship and age requirements. The deceased worker must have earned a certain number of Social Security credits for family members to be eligible. A worker needs 40 credits (equivalent to 10 years of work), but fewer credits may be required for younger workers.

Surviving spouses are eligible if they are age 60 or older, or age 50 to 59 if they have a disability. A surviving spouse of any age can also receive benefits if they are caring for the worker’s child who is under age 16 or has a disability. The marriage must have lasted at least nine months before the worker’s death.

Divorced spouses may also qualify for survivor benefits under specific conditions. The marriage must have lasted at least 10 years, and the divorced spouse must be age 60 or older (or age 50 if disabled) and not be remarried before age 60 (or age 50 if disabled). Benefits paid to a surviving divorced spouse do not affect the benefit amounts for other survivors on the deceased worker’s record.

Unmarried children of the deceased worker are eligible if they are under age 18, or up to age 19 if they are full-time students in elementary or secondary school. Children of any age may qualify if they have a disability that began before age 22 and continues. This includes biological children, adopted children, and in some cases, stepchildren, grandchildren, and step-grandchildren.

Dependent parents of the deceased worker may also be eligible. To qualify, parents must be age 62 or older and have received at least half of their financial support from the deceased worker. One dependent parent may receive 82.5% of the worker’s benefit, while two dependent parents may each receive 75%.

Calculating Benefit Amounts

The amount of survivor benefits is directly tied to the worker’s earnings record. Benefits are based on the worker’s Primary Insurance Amount (PIA), which represents the full retirement benefit they would have received at their full retirement age. A higher lifetime earnings history for the deceased worker results in a higher PIA and, consequently, higher survivor benefits.

The survivor’s age when they start receiving benefits also impacts the amount. A surviving spouse who claims benefits at their full retirement age or later can receive 100% of the worker’s PIA. If a surviving spouse claims benefits between age 60 and their full retirement age, the benefit amount is reduced, ranging from 71.5% to 99% of the worker’s PIA. A disabled surviving spouse can begin receiving benefits as early as age 50, with a benefit equal to 71.5% of the worker’s PIA.

A surviving spouse caring for a child under age 16, or a disabled child, can receive 75% of the worker’s benefit regardless of their own age. Eligible children receive 75% of the worker’s PIA.

There is a maximum family benefit, which caps the total amount of benefits that can be paid to a family based on one worker’s record. This limit ranges from 150% to 180% of the worker’s PIA. If the sum of individual survivor benefits exceeds this maximum, each individual benefit is proportionally reduced until the total falls within the family maximum. Receiving other government pensions might affect benefit amounts due to rules like the Government Pension Offset.

Applying for Benefits

The application process for survivor benefits requires contacting the Social Security Administration (SSA). While some Social Security services are available online, survivor benefits applications cannot be completed over the internet. Applicants can initiate the process by calling the SSA’s national toll-free number or by visiting a local Social Security office. It is advisable to apply promptly.

When applying, specific documents are required to support the claim. These include proof of the worker’s death, such as a death certificate, and their Social Security number. The applicant’s own Social Security number, birth certificate, and marriage certificate (for a surviving spouse) or divorce papers (for a surviving divorced spouse) are also needed. For children, their Social Security numbers and birth certificates are necessary.

Even if all required documents are not immediately available, it is important not to delay the application. The SSA can often assist in obtaining necessary information or verifying details.

Impact of Earnings and Remarriage

Working while receiving survivor benefits can affect the amount received if earnings exceed certain annual limits. If a survivor’s earnings surpass these limits, a portion of their benefits may be temporarily withheld. Once a survivor reaches their full retirement age, earnings limits no longer apply, and benefits are not reduced regardless of income. These earnings limits only reduce the survivor’s own benefits and do not impact the benefits of other family members.

Remarriage can also influence a survivor’s eligibility for benefits. If a surviving spouse or divorced spouse remarries before age 60 (or age 50 if disabled), their eligibility for survivor benefits on the worker’s record may end. If remarriage occurs at age 60 or older (or age 50 or older if disabled), it does not prevent the survivor from continuing to receive benefits based on the former spouse’s work record.

In cases of remarriage after age 60, a survivor may be able to choose between receiving benefits on their former spouse’s record or potentially higher benefits on their new spouse’s record. The Social Security Administration will pay the higher of the two eligible benefit amounts.