Can A Spouse Claim Half Their Deceased’s Social Security Benefits?
The original federal law that created the Social Security system has undergone many changes through the years. Survivor Social Security benefits for widows were added through amendments to the Social Security Act in 1939. Later amendments added widowers.
Originally, Social Security widow/widower benefits paid only a fraction of a worker’s benefits if they lived. Later amendments to the law created a system where a surviving spouse generally receives the same benefits a worker would have collected while alive. In the previous sentence, the word “generally” hints at exceptions that affect how much a surviving spouse receives in widow/widower benefits.
Approximately four million widows and widowers receive Social Security survivor benefits after the death of a spouse or divorced spouse. This blog explains survivor benefits and the factors affecting how Social Security benefits for surviving spouse calculations are made.
Social Security Survivor Benefits: Who Qualifies For Them?
A person who works long enough and at jobs paying Social Security taxes on the income earned becomes “insured” under the Social Security Act. Insured workers are eligible for Social Security retirement payments when they reach retirement age and Social Security Disability Insurance if they cannot work before retirement age because of a total and permanent disability.
When insured workers die, members of their families may be eligible for survivor Social Security benefits. Eligible family members include the following:
- Spouse
- Divorced spouse
- Child
- Disabled adult child
- Parents age 62 or older who were financially dependent on the deceased.
Surviving spouses must meet all of the following eligibility requirements:
- Be at least 60 years old, or be 50 to 59 years old and disabled.
- Been married for at least nine months before the death of the insured worker.
- Must not have remarried before age 60 or 50 if disabled.
A former spouse meeting the requirements may be eligible for survivor benefits, provided the marriage last for at least 10 years. The term “marriage” spouse and ex-spouse eligibility includes other forms of legally recognized non-marital relationships.
A remarriage occurring before age 60 or age 50 if disabled does not affect eligibility for survivor benefits. Remarriage before age 60 or age 50 if disabled makes the widow or widower ineligible for benefits, but eligibility can be restored to the survivor if the remarriage ends.
A special eligibility rule applies to a spouse or ex-spouse caring for a child of the deceased. Under those circumstances, the age and length of marriage requirements for survivor benefit eligibility do not apply.
Length of marriage does not apply when the death of the insured worker was accidental. It also does not apply when the death occurred while the insured person was serving in the U.S. military.
Survivor benefits for children
Widows and widowers with children should be aware of the survivor benefits and eligibility rules for children. A child of a deceased worker must be 17 or younger for eligibility, but children may qualify for survivor benefits at ages 18 to 19. The older child must be a full-time student in elementary or secondary school.
Special rules apply to children with disabilities. A child who became disabled at age 21 or younger may be eligible for survivor benefits. Information about survivor benefits for children and other family members of a deceased insured worker can be obtained by contacting Clauson Law to speak with a disability professional during a free consultation.
Surviving spouse benefits: How much could the deceased worker receive?
The amount a surviving spouse claiming deceased benefits receives is a percentage of the benefits the worker was eligible for at the time of their death. It also depends on the age of the widow or widower when they apply for benefits.
The amount a person eligible for SSDI or Social Security retirement benefits receives each month is determined by their average lifetime earnings working at jobs subject to payment of Social Security taxes. If a worker received retirement or SSDI benefits when they died, their surviving spouse is entitled to a percentage of the worker’s benefit at death. The widow or widower of a worker who was not collecting benefits at the time of death is eligible for a percentage of what the deceased worker would have received at full retirement age.
The full retirement age depends on a worker’s birth year. Contrary to what many people believe, the full retirement age for everyone is not 65. Instead, it depends on a person’s birth year. For example, a person born between 1943 and 1954 reached full retirement age at 66. It increases gradually to age 67 for people born in 1960 and later.
The phrase “full retirement age” means the age when a person eligible for Social Security benefits may retire and collect their full benefit. The reason why it’s not simply retirement age is because a person may elect to retire at age 62, which is early retirement.
Early retirement benefits are less than what a person gets by waiting until full retirement age. For example, a who applies for early retirement at 62 receives only 70% of the benefit they would get at 67, their full retirement age. Had they waited until 65 to retire, their benefit would have been almost 87% of their full retirement benefit at 67.
A worker’s age at death has an impact on the benefits payable to their surviving spouse in another way. The average lifetime earnings used to calculate Social Security retirement and disability benefits may be less for a worker dying at a relatively young age than someone living longer and compiling more in lifetime earnings.
How much does a widow or widower receive as survivor benefits?
How much widows and widowers receive as survivor benefits depends on their age when they apply for them. A surviving spouse claiming deceased benefits at the youngest age possible receives 71.5% of the benefits the deceased would be eligible to get had they lived. The percentage increases the longer a spouse or former spouse waits.
The following shows how much a widow or widower can receive by waiting until they are older:
- Age 61: About 75%
- Age 63: About 80%
- Age 65: About 90%
A surviving spouse or former spouse could be eligible for 100% of a deceased spouse’s benefits by delaying their deceased-spouse Social Security claim for as long as possible.
A surviving spouse who is eligible to claim benefits between ages 50 and 59 because of a disability is entitled to 71.5% of the benefit the deceased would have been eligible for at death. The exception to this rule applies to a surviving spouse caring for a child younger than 16. They may receive 75% of their deceased spouse’s benefit regardless of their age when they apply for surviving spouse benefits.
Earnings Limit And Other Things To Know About Survivor Benefits
If you are eligible for widow or widower benefits and worked long enough to qualify for retirement or disability benefits through the Social Security Administration, you need to make a choice. Actually, Social Security makes the choice for you.
You cannot collect survivor benefits while also collecting benefits on the account you established by working. The Social Security Administration only pays on one account at a time, so it pays you the higher of the two benefits.
Be aware of earnings limits when applying for Social Security benefits for surviving spouse if you are younger than full retirement age and still working. If you earn more than $23,400 in gross pay in 2025 from working, there is a $1 reduction in your survivor benefits for each $2 you receive above the earnings limit. It does not matter whether you work full time or part-time.
The Social Security Administration adjusts the earnings limit each year. Another thing to be aware of about the earnings limit is that it increases in the year that you reach full retirement age.
For instance, if you reach full retirement age in 2025, your earnings limit becomes $62,160 instead of $23,400. There is a $1 benefit reduction for every $3 earned in excess of the limit. The earnings limit no longer applies after you reach full retirement age, so you may continue to work and receive all the benefits you are entitled to as a surviving spouse.
Social Security earnings limits only apply to money you receive for working. The income you get from pensions, annuities, and investments does not count as earnings that affect your benefits.
Applying for benefits as a surviving spouse
Applying for Social Security widow/widower benefits cannot be done online. You need to call your local Social Security office to schedule an appointment to apply for benefits.
Learn More From A Disability Professional
The challenge to getting the benefits you are entitled to from Social Security is navigating complicated procedures and regulations. Whether applying for retirement, survivor, or disability benefits through the Social Security Administration, it’s better to do it by working with an experienced benefits professional at the Clauson Law Firm. Contact us today for a free consultation and claim evaluation.
