Social Security primarily provides income to retirees. But the program also offers benefits to some people who may have never worked or still be employed. We’re talking about the survivors of Social Security recipients, including spouses and dependents.
“Survivor benefits provide monthly payments to eligible family members of people who worked and paid Social Security taxes before they died,” according to the Social Security Administration (SSA). “The loss of the family wage earner can be devastating both emotionally and financially. Social Security helps by providing income for the families of workers who die.”
This article explores who qualifies as a survivor and the various rules that apply.
Eligibility for Spouses (and Even Ex-Spouses)
The widows and widowers of deceased Social Security recipients are generally eligible for survivor benefits. In some cases, even ex-spouses can qualify. To qualify, you must:
- Be 60 years old or older (or 50 and older if you have a qualifying disability)
- Have been married for at least nine months before the recipient’s death
- Have not remarried before age 60 (or 50 for those on disability)
“Ex-spouses who were married for at least 10 years, as well as some valid non-marital legal relationships, may be eligible,” the SSA says. It doesn’t matter if your deceased spouse remarried; that wouldn’t impact your eligibility.
“Your claim won’t change your ex’s benefits or the payments for an ex’s present spouse or dependents,” according to the AARP. “The SSA won’t notify your former spouse that you’ve applied for benefits on the ex’s record, and the former spouse can’t block you from getting those benefits in a divorce decree.”
You can file for survivor benefits even if your ex wasn’t yet receiving benefits, as long as the divorce was at least two years old. And claiming these benefits doesn’t reduce benefits for your ex’s current spouse (if they remarried).
Spouses under age 62 may still qualify if they “have a qualifying child in her/his care,” the SSA says. A qualifying child is one under the age of 16 or one who receives Social Security disability benefits.
What Do Spouses Get?
What About Surviving Children?
The following categories of children are considered eligible:
- Those aged 17 and younger
- Those aged 18-19 if still enrolled in K-12 school full time
- Those of any age if they developed a disability at age 21 or younger
“Under certain circumstances, we can also pay benefits to married children, stepchildren, adopted children, grandchildren, and stepgrandchildren,” the SSA says.
Children can get up to 75% of the deceased parent’s basic Social Security benefit but there is a “family maximum” that limits the overall amount paid to any one family. This maximum payment is “determined as part of every Social Security benefit computation,” the SSA explains. “It can be from 150% to 180% of the parent’s full benefit amount. If the total amount payable to all family members exceeds this limit, we reduce each person’s benefit proportionately until the total equals the maximum allowable amount.”
Don’t Forget Elderly Parents
Parents could also receive survivor benefits but only if they are legal dependents of the deceased. Parents must be able to prove that they were financially dependent on the deceased child. That’s defined as the deceased child providing at least half of their parent’s support. A surviving dependent parent must be at least 62 years old. They can get about $1,600 per month, depending on the deceased’s benefits.
“Two surviving parents would each receive 75% of the deceased’s Social Security benefit at the time of death,” according to the AARP.” If there is only one surviving parent, he or she would get 82.5% of the deceased’s benefit.” If the parent is already receiving their own Social Security, the SSA doesn’t pay both. It will pay whichever is higher between the two amounts.
For more information, including how to apply, visit the SSA website.
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