Your Spouse Can Receive Survivor Benefits Based on Your SSDI Record

Yes. If you are receiving Social Security Disability Insurance (SSDI) when you die, your spouse may receive survivor benefits based on your earnings record. These are not the same as the disability benefits you were receiving — they are a separate payment that begins after your death and continues for the rest of your spouse's life, subject to certain conditions.

The amount your spouse receives is typically 75 percent of the benefit amount you were getting at the time of your death. Your spouse does not have to be disabled to receive this payment. The key conditions are age and marital history.

Key Takeaways

  • Your spouse can receive survivor benefits at age 60 or older, or at any age if caring for your child under 16.
  • Your spouse must have been married to you for at least nine months before your death for the benefit to begin, with limited exceptions for accidents or certain causes of death.
  • A divorced spouse can also receive survivor benefits on your record if the marriage lasted at least 10 years and they have not remarried.
  • Survivor benefits continue for life unless your spouse remarries before age 60, which ends the payment.
  • Your spouse should contact Social Security within two months of your death to report it and begin the survivor benefit process.

Age Requirements for Your Spouse

Your spouse's age determines when survivor benefits can start. A spouse age 60 or older can receive benefits when ready upon your death (or as soon as the claim is processed). A spouse under 60 cannot receive survivor benefits based on age alone.

There is one major exception: a spouse of any age can receive survivor benefits if they are caring for your child who is under 16 years old. This is called a caregiver benefit. The child must be your biological child, adopted child, or stepchild (in some cases), and your spouse must be the child's parent or legal guardian. Once the youngest child turns 16, the caregiver benefit ends, and your spouse must wait until age 60 to receive benefits again.

The Nine-Month Marriage Rule

Social Security requires that you and your spouse were married for at least nine months before your death for survivor benefits to begin. This rule exists to prevent marriages entered solely to claim benefits after a death.

There are narrow exceptions to the nine-month rule. If your death was caused by an accident or resulted from a crime, the nine-month requirement may be waived. If you and your spouse were married before and divorced, then remarried, Social Security may count the time from the first marriage toward the nine-month requirement. Your spouse should mention the circumstances of your death and any prior marriage when contacting Social Security.

How Remarriage Affects Your Spouse's Benefits

If your spouse remarries before age 60, survivor benefits stop when ready and do not resume. This is a permanent loss of benefits on your record. If your spouse remarries at age 60 or later, the survivor benefit continues without interruption.

A spouse who remarries and then becomes widowed or divorced again may be able to switch to survivor benefits on the new spouse's record if that benefit is higher. Social Security will compare the amounts and pay whichever is larger. Your spouse should report any remarriage to Social Security as soon as it happens to avoid overpayment.

Divorced Spouses and Survivor Benefits

A person divorced from you can also receive survivor benefits on your SSDI record, even if you have remarried or had other spouses. The requirements are similar but stricter: the marriage must have lasted at least 10 years, and the ex-spouse must not have remarried (unless they remarried at age 60 or later).

An ex-spouse age 60 or older can claim survivor benefits on your record without your knowledge or permission. They do not need to contact you first. If an ex-spouse is caring for your child under 16, they can claim at any age. The ex-spouse should contact Social Security directly with a copy of the divorce decree and proof of the marriage length.

What Your Spouse Needs to Do

Your spouse (or family member) should contact Social Security within two months of your death. They can call 1-800-772-1213 or visit a local Social Security office in person. They will need to provide a certified copy of your death certificate, proof of your spouse's age or relationship to you, and proof of marriage (such as a marriage certificate).

Social Security will verify that you were receiving SSDI at the time of death and calculate the survivor benefit amount. The first payment usually arrives within one to three months, though this varies. Your spouse should keep Social Security informed of any changes, such as remarriage, moving, or changes in income (in some cases).

How Survivor Benefits Interact with Other Income

Survivor benefits are not reduced based on your spouse's own earnings or income. Your spouse can work and receive the full survivor benefit amount at the same time. However, if your spouse is under full retirement age and receives benefits, there is an earnings test: for every $2 earned above a certain amount (which changes yearly), $1 in benefits is withheld. Once your spouse reaches full retirement age, there is no earnings limit.

If your spouse is also receiving their own Social Security retirement or disability benefit, Social Security will pay the higher of the two amounts, not both. Your spouse cannot collect survivor benefits and their own SSDI at the same time; they receive whichever is larger.

Frequently Asked Questions

Can my spouse get survivor benefits if we were married less than nine months?

Not usually. The nine-month requirement exists in most cases. However, if your death was caused by an accident or crime, or if you had been married before and divorced, Social Security may waive or adjust this requirement. Your spouse should explain the circumstances when they contact Social Security.

What if my spouse remarries after I die?

If your spouse remarries before age 60, survivor benefits stop permanently. If they remarry at age 60 or later, benefits continue. Your spouse should report any remarriage to Social Security right away to avoid being overpaid and having to repay the money.

Can my ex-spouse get survivor benefits on my SSDI record?

Yes, if you were married for at least 10 years and your ex-spouse is age 60 or older (or caring for your child under 16) and has not remarried before age 60. Your ex-spouse can claim directly with Social Security; they do not need your permission.

Does my spouse have to be disabled to receive survivor benefits?

No. Your spouse does not need to be disabled. They only need to meet the age requirement (60 or older) or be caring for your child under 16. Disability is not a factor for spouse survivor benefits.

How much will my spouse receive?

Your spouse typically receives 75 percent of the SSDI benefit amount you were receiving at the time of your death. The exact amount depends on your earnings record and the benefit you were getting. Social Security will calculate the amount when your spouse files.