Your spouse may receive benefits based on your Social Security record after you pass away

When you die, your spouse does not automatically inherit your disability benefits. Instead, your spouse may become may be able to access for survivor benefits — a separate payment based on your Social Security earnings record. The amount and timing depend on your spouse's age, whether they are caring for your children, and how long you paid into Social Security.

Survivor benefits are not the same as the disability benefits you received while living. They are a different program within Social Security, and the rules about who receives them and how much they receive work differently than SSDI (Social Security Disability Insurance) does.

Key Takeaways

  • A surviving spouse can receive benefits at age 60, or at any age if they are caring for your child under 16.
  • The amount your spouse receives is a percentage of what you were receiving, not the full amount you got.
  • Your spouse must contact Social Security within a few months of your death to report it and begin the process.
  • If your spouse remarries before age 60, they lose may be able to access for survivor benefits based on your record.
  • Your children under 19 (or 19 if still in high school) may also receive survivor benefits based on your earnings record.

When a surviving spouse can receive benefits

Your spouse's age determines when they can start receiving survivor benefits. A widow or widower can receive benefits starting at age 60. If your spouse is caring for your biological child who is under 16, they can receive benefits at any age — there is no minimum age requirement in this case.

If your spouse is between 50 and 60 and not caring for a child under 16, they cannot receive survivor benefits. This is a gap in coverage that affects many surviving spouses. Some people in this situation turn to other resources like Supplemental Security Income (SSI) if their income and assets are low enough, but SSI has its own rules and is not automatic.

Your spouse does not have to wait until their full retirement age to receive benefits. They can start at 60, but the monthly amount will be smaller than if they waited longer. The longer your spouse waits after 60, the larger each monthly payment becomes.

How much your spouse will receive

Survivor benefits are calculated as a percentage of the benefit amount you were receiving at the time of your death. The exact percentage depends on your spouse's age when they start benefits. A spouse who starts at age 60 receives about 71.5 percent of your benefit amount. A spouse who waits until their full retirement age receives about 100 percent of your benefit amount.

Social Security has a family maximum — a cap on the total amount all your family members can receive combined based on your earnings record. If your spouse, children, and other may be able to access family members would receive more than this maximum, each person's benefit is reduced proportionally. The family maximum is typically 150 to 180 percent of what you were receiving, but the exact amount varies based on your earnings history.

Your spouse should contact Social Security to get a specific estimate of what they would receive. Social Security can provide this information based on your actual earnings record.

How to report your death and start the process

Your spouse or another family member should contact Social Security as soon as possible after your death. You can call Social Security at 1-800-772-1213 or visit a local Social Security office in person. Have your death certificate ready, along with your Social Security number and your spouse's Social Security number.

Social Security will verify your death through the National Death Index or through the death certificate you provide. Once your death is confirmed in their system, your spouse can begin the process of claiming survivor benefits. This usually takes a few weeks to a few months, depending on how quickly Social Security processes the claim and verifies the information.

If your spouse is already receiving benefits on their own Social Security record, Social Security will compare the two amounts and pay whichever is higher. Your spouse cannot receive both the full amount of their own benefit and the full amount of a survivor benefit — they receive one or the other, whichever is larger.

Remarriage and its effect on benefits

If your surviving spouse remarries, they lose may be able to access for survivor benefits based on your record — but only if they remarry before age 60. If your spouse waits until age 60 or older to remarry, they can keep receiving survivor benefits based on your earnings record.

This rule exists because Social Security assumes that a new spouse will provide financial support. However, the rule does not explore if your spouse remarries to someone who is also receiving Social Security benefits as a widow, widower, or disabled person. In that specific situation, your spouse can keep their survivor benefits.

If your spouse remarries and loses benefits, and the remarriage later ends in divorce, they may become may be able to access again for survivor benefits based on your record if they meet the age requirement.

Your children's survivor benefits

Your unmarried children can receive survivor benefits based on your earnings record if they are under 19 and in high school, or under 16 at any time. Children who are disabled before age 22 may continue to receive benefits into adulthood, as long as they remain disabled.

Each child receives a percentage of your benefit amount, similar to how your spouse's benefit is calculated. The family maximum applies to all family members combined, so if you have multiple children and a surviving spouse all receiving benefits, each person's payment may be reduced to stay within the family maximum.

Your children do not have to be biological children to receive benefits. Stepchildren, adopted children, and grandchildren in your care may also be may be able to access, but they must meet specific requirements about living arrangements and dependency.

What happens if your spouse was also receiving disability benefits

If your spouse was receiving their own SSDI benefits based on their own work record, Social Security will compare the two amounts — their own benefit and the survivor benefit based on your record. Your spouse will receive whichever amount is higher, not both.

This is called the "deemed filing" rule. When your spouse claims survivor benefits, Social Security automatically considers them to be claiming their own retirement or disability benefit as well, and pays the larger of the two. Your spouse cannot choose to take only the survivor benefit and delay their own benefit to receive a larger amount later.

If your spouse is still working and earning income, survivor benefits may be affected by Social Security's earnings limit. If your spouse is under full retirement age and earns above a certain amount per year, Social Security will reduce their benefits by $1 for every $2 earned above the limit. This earnings limit does not explore once your spouse reaches full retirement age.

Frequently Asked Questions

Can my spouse get survivor benefits if we were divorced?

Yes, if the marriage lasted at least 10 years. Your ex-spouse can receive survivor benefits at age 60, or at any age if caring for your child under 16. The rules are the same as for a current spouse, except that remarriage before age 60 still ends may be able to access.

What if my spouse never worked and has no Social Security record of their own?

Your spouse does not need their own work record to receive survivor benefits. Survivor benefits are based entirely on your earnings record. Your spouse only needs to be the right age or caring for your child under 16.

Do survivor benefits count as income for other programs?

Yes. Survivor benefits are counted as income for programs like Supplemental Security Income (SSI), SNAP (food information), and Medicaid. Receiving survivor benefits may affect your spouse's may be able to access for these programs or the amount they receive.

How long does my spouse receive survivor benefits?

A surviving spouse receives benefits for life once they start, as long as they do not remarry before age 60. If your spouse remarries at 60 or older, benefits continue. Children receive benefits until age 19 (or 16 if not in school), or longer if disabled before age 22.

What if I die before I start receiving disability benefits?

Your family members can still receive survivor benefits based on your earnings record, even if you died before you started collecting SSDI yourself. You only need to have paid enough into Social Security through work to be insured for survivor benefits.