Can I Collect My Social Security and My Deceased Husband's
If My Spouse Dies, Do I Become His Social Security and Mine?
- Updated September 25, 2020
The 2022 Widows Benefits Guide & Calculator
The short answer is that yous cannot collect both your own Social Security benefits and survivor benefits at the same fourth dimension. Just it's a bit more complicated than that. We break downward what y'all need to know about benefits after the passing of a spouse.
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Contents
Chapter one: What are survivor benefits?
While many people associate Social Security benefits with payouts to retired workers, the Social Security Assistants in fact distributes several different kinds of beneifts. These include both benefits for the families of a deceased worker, likewise every bit benefits for people who are disabled and and then unable to work.
Social Security survivor benefits (frequently referred to as "widows benefits") provide an of import source of income for family unit members whose workers have passed away. Every bit long as the deceased worker would have been eligible to collect Social Security benefits upon their retirement, their family unit members will be able to collect them in their stead.
If the deceased worker would have been eligible to collect Social Security benefits upon their retirement, their family unit may be able to collect them in their stead.
Chapter 2:
Who is eligible for survivor benefits from Social Security?
Survivor benefits are non limited to the surviving spouse. The post-obit people can receive survivor benefits:
If you were married to the deceased for at least 9 months, you could be eligible for survivors benefits.
Chapter 3: How are Social Security Survivor Benefits Calculated?
When a worker pays into the Social Security system over the form of their life, they accumulate credits. A worker can receive up to 4 credits a year. For instance, in 2020, workers will receive one credit for every $one,410 they earn. When your spouse has earned $5,640, they have earned their iv credits for the twelvemonth.
In guild to claim retirement, a worker needs 40 credits. However, the number of credits required to provide survivor benefits for the worker'south family depends on the worker'due south age when they die. This ways that the younger a person is when they pass abroad, the fewer credits they will need for their family members receive survivor benefits.
When someone retires, or when they dice, the amount of their benefit is calculated based on their earnings over their lifetime. This is the amount that survivors will receive all or part of. To calculate their benefit, Social Security adds upward the worker's income during the years they made the virtually money. They then alphabetize that total against average wages across the country during those years. This results in the worker's "Boilerplate Indexed Monthly Earnings" (AIME). The Social Security Assistants only includes the portion of a worker's income upwardly to the maximum taxable earnings limit. This is the corporeality that is taxed for Social Security—in 2020, that'southward $137,700. If your spouse earned more than that, the higher earnings will not be included in the adding considering these monies were not taxed by Social Security.
Even if you were divorced, you could exist eligible for up to 100% of your deceased husband'due south benefit.
Social Security and then applies a formula to that monthly amount to make up one's mind how much your spouse would have received at full retirement. In 2020, that formula is:
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90% of the first $960 of your AIME;
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plus 32% of any corporeality over $960 up to $5,785;
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plus fifteen% of any amount over $5,785.
The resulting number is the worker's master insurance amount (PIA). This is the corporeality they would accept received if they practical for retirement benefits when they reached their full retirement age—not before or afterwards.
Affiliate 4: How much will you receive in survivor benefits?
Later on the passing of the worker, Social Security pays a one-time death benefit of $255 which tin be collected by the widow or child.
So at that place is the (ongoing) monthly Social Security survivor do good. That benefit is based on the Social Security do good the worker was receiving (or would have received).
The benefit can be upwardly to 100% of what your spouse would take received at full retirement. If the benefit you lot would receive equally a survivor is college than the benefit you receive on your ain, Social Security will pay you the higher of the two amounts, not the two combined. Nevertheless, survivor benefits, unlike spousal benefits, don't accept to be claimed at the same time as yourown retirement benefits. You tin can, in many cases, receive one benefit for a fourth dimension and then file for the other one later. This is a common strategy for widows to take to maximize their benefits.
The earliest a widow or widower can utilize for survivor benefits is age 60 (l if disabled).
Reduction to benefits
The earliest a widow or widower tin can utilize for survivor benefits is age 60. (Note that if the widow is disabled, and began receiving disability payments before, or within, seven years of the worker'south death, they may utilize at historic period 50. Social Security uses the same definition of inability for survivors every bit it does for workers.)
Widows tin can claim benefits at any time betwixt 60 and their survivor full retirement age. However, if a widow files for benefits earlier they have reached their survivor full retirement historic period (FRA), those benefits will be reduced a fraction of a per centum for each month claimed "early". (Note that your survivor full retirement age is different from your own full retirement age.)
The Primary Insurance Amount (PIA) is the number Social Security uses to decide survivor benefits. If yous utilize before your survivor full retirement age, you volition receive between 71.5% and 99% of your spouse'southward benefit (PIA). A disabled widow or widower aged l to 59 would receive 71.five% of their spouse'due south do good. The pct scales up for each month that you await until your survivor total retirement age. However, if you look to claim survivor benefits until survivor full retirement age, y'all are eligible for 100%.
How much can you earn and still collect survivor benefits?
While it can seem unfair to non be able to fully claim both your own and your survivor benefits, there are claiming strategies to maximize what you lot receive. This includes switching from i benefit to the other. Come across an example from one of our users directly beneath.
Making the right decision on how to maximize your own benefits depends on how much your own retirement benefit vs. survivor benefit would exist, and how long you lot recall you volition be living and needing the coin. It besides depends on whether you're working.
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Survivors benefits if you take children
If your spouse dies and you accept children with them under the age of 16, then (regardless of your own age), y'all can receive up to 75% of your spouse's benefit. Similarly, if your spouse has children under 16 by a previous marriage, that spouse may receive up to 75% of your spouse's benefit. Likewise, each child, up to the historic period of eighteen, or xix if still in secondary schoolhouse or disabled—may as well receive upward to 75%.
The maximum a family can receive is up to 180% of the worker'south PIA. If ex-spouses receive benefits, information technology does non in any way impact the amount a current spouse will receive (and vice versa). However, if you qualify considering you take the worker's child in your care, your do good will touch on the amount of the benefits of others on the worker'due south record.
If a spouse or onetime spouse is not caring for the children of the deceased worker, they may however use for benefits on their own, if they are at least 60 (or 50 if disabled).
Survivors benefits if you are divorced
An ex-spouse is eligible to receive the same benefits as a current spouse if they were married to the deceased worker for at least 10 years and are not currently married. Still, if the living ex-spouse remarries earlier age 60, they forfeit their correct to their deceased former spouse'southward Social Security—unless that subsequent spousal relationship ended in death, divorce, or annulment. If the living ex-spouse remarries subsequently age 60, this dominion doesn't apply.
How much a spouse or old spouse receives depends on several factors including when they file for benefits and whether they are notwithstanding working and earning coin.
Chapter v:
Maximizing your do good
Many people ask "can I collect my deceased spouse's social security and my own at the same fourth dimension?" In fact, you cannot simply addboth a survivor benefit and your own retirement do good. Instead, Social Security will pay the higher of the two amounts.
If the benefit you lot would receive as a survivor is higher than your ain earned do good, Social Security pays the higher of the two amounts –not the two combined.
While it can seem unfair to not be able to claim both total benefits, there are claiming strategies you can apply to maximize the full Social Security benefits you receive. This includes switching from i benefit to the other. Run into an example from one of our users directly beneath.
Making the right decision on how to maximize your own benefits depends on how much your own retirement benefit vs. survivor do good would be, and how long yous think y'all will be living and needing the coin. It also depends on whether you're working.
Below we outline a few additional scenarios, and unlike strategies and considerations for each.
- If your retirement benefit is less than the one you would receive as a survivor… you can apply to receive the higher amount even if yous are receiving retirement benefit payments.
- If you lot are over 60 and remarried, and your current spouse is a Social Security beneficiary… yous may utilise for spousal benefits on your current spouse'south record or opt to accept your erstwhile spouse's survivor benefits. Depending on whichever is college (your own and either your spousal benefits or your survivor benefits), y'all tin can decide to claim a combination of benefits equal to the college amount.
- If you are already receiving your own retirement benefits when your spouse dies… then the optimal strategy depends on how long yous have been receiving your ain benefits. If you have been receiving your retirement benefit for less than 12 months when your spouse dies, y'all couldwithdraw your retirement application and just take your survivors benefit now (and later switch dorsum to your own benefit). If you have been receiving your retirement do good for more than than 12 months when your spouse dies, you lot can only utilise for survivors benefits if the do good of your spouse'due south business relationship is more than the benefit you receive on your own.
- If you are already receiving spousal benefits when your spouse dies… Social Security volition convert your benefit to survivors benefits, which are upwards to 100% of your late spouse'southward full retirement benefit (compared to fifty% for spousal benefits).
Chapter 6:
How to apply for survivor benefits
A widow, widower, or surviving divorced spouse cannot apply online for survivors benefits. You must call Social Security at 1-800-772-1213 (TTY number at 1-800-325-0778.) Alternatively, you tin can go in person to your local Social Security field office.
To apply for Social Security survivor benefits, you must have the following documents:
- Proof of death (either from a funeral home or a death document—note that information technology must exist a certified re-create)
- Both your own Social Security number and that of the deceased worker
- Your nativity certificate
- Your spousal relationship document (if y'all are a widow or widower)
- Your divorce certificate (again, if yous are a widow or widower—and annotation that it must be a certified copy)
- Dependent children'south Social Security numbers, if bachelor, and nascence certificates
- Deceased worker'due south Due west-2 forms or federal self-employment tax return for the most recent year
Unlike other Social Security benefits, yous cannot apply for survivors benefits online. You must call the SSA or become in person to your local Social Security field office.
Applying and ensuring you merits the right benefit at the correct time for your personal finances can exist confusing. When you're set up to apply, nosotros recommendusing a checklist to ensure you take the right steps and accept the right documentation.
The bottom line
Many Americans depend on Social Security every bit a critical source of income, specially in retirement. This is particularly true for people who have lost a spouse. Yet if you practice non know the facts around Social Security benefits, it's piece of cake to lose money depending on when you claim. But while Social Security tin experience complicated, yous are not alone. Our team of experts is here to aid. When you're ready, we recommend using a Social Security benefits calculator that accounts for survivor benefits. With a comprehensive understanding of what you are owed and how Social Security works, you lot can navigate the next chapter of your life with the confidence and fiscal security you deserve.
Other Social Security articles of interest
- Guide to Social Security and Expiry
- Social Security Widows Benefits Checklist
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Source: https://www.simplywise.com/blog/ss-benefits-if-my-spouse-dies/
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