Losing a spouse is an incredibly difficult experience, and the financial challenges that follow can make it even more overwhelming. For widows and widowers, Social Security survivor benefits may provide critical financial support after the death of a spouse. Understanding the eligibility rules, how to apply, and what factors may affect the amount of benefits you receive can help you navigate this process with more confidence.
What Are Social Security Survivor Benefits
Social Security survivor benefits are payments made to certain family members of a deceased worker who had earned enough work credits through Social Security. These benefits are meant to replace part of the income lost when the worker passed away.
Widows and widowers are among the primary individuals who may qualify for these benefits, but in some cases, divorced spouses, children, and even dependent parents may also be eligible.
Eligibility Requirements for Widows and Widowers
To claim survivor benefits as a widow or widower, you must meet specific requirements. These include:
- You were legally married to the deceased worker
- Your spouse earned enough work credits under Social Security to qualify for benefits
- You are at least 60 years old, or 50 if you have a disability that began before or within seven years of your spouse’s death
If you are caring for the deceased worker’s child who is under age 16 or who has a disability, you may qualify for benefits at any age.
Special Rules for Divorced Spouses
If you were divorced at the time of your spouse’s death, you may still qualify for survivor benefits if:
- Your marriage lasted for at least 10 years
- You meet the same age and caregiving requirements as listed for widows and widowers
It is also important to know that your spouse’s remarriage does not necessarily prevent you from receiving benefits based on their work record.
Factors That Affect the Amount of Benefits
The amount you receive in survivor benefits depends on a variety of factors, including:
- How much your spouse paid into Social Security over their lifetime
- Your age when you apply for benefits
- Whether you are also eligible for your own Social Security retirement benefits
If you wait until you reach full retirement age to apply for survivor benefits, you may be eligible for the full amount your spouse was receiving or would have received. If you apply between age 60 and full retirement age, your monthly payment will be reduced. If you are disabled and apply at age 50, your benefits will also be reduced.
How Remarriage Affects Survivor Benefits
If you remarry after losing a spouse, your eligibility for survivor benefits depends on the age at which you remarry.
- If you remarry before age 60, you typically become ineligible for survivor benefits
- If you remarry at age 60 or older, you can still receive survivor benefits
This rule allows surviving spouses to move forward with their lives without giving up the financial support they were entitled to based on their previous spouse’s work record.
How to Apply for Survivor Benefits
Applying for survivor benefits requires submitting certain documents to the Social Security Administration. These include:
- Your spouse’s death certificate
- Your marriage certificate
- Your own birth certificate
- Your spouse’s Social Security number
If you were divorced and applying for benefits based on your former spouse’s record, you will also need to provide proof of your prior marriage and divorce. Survivor benefits applications cannot be completed online, so you will need to contact Social Security directly by phone or by visiting a local office.
Understanding Your Options and Making Informed Decisions
In some cases, widows and widowers are eligible for both their own Social Security retirement benefits and survivor benefits based on their spouse’s record. Understanding how these benefits interact and when to apply for each can make a significant difference in your long-term financial security.
For example, some widows and widowers choose to collect survivor benefits first and switch to their own retirement benefits later if their own benefit amount will eventually be higher. This type of strategic planning can help maximize the total benefits you receive over your lifetime.
Navigating the Social Security system can be confusing, especially during an emotionally difficult time. If you are unsure about your eligibility, how to apply, or whether you are receiving the full benefits you deserve, working with an experienced employment law attorney can provide valuable guidance and support. Contact PLBH at (800) 435-7542 for a free legal consultation.