Spousal, Widow, and Divorcee Benefits

When it comes to Social Security benefits, your marital status can make a big difference. If you are single and have never married, frankly, you have the easiest path to picking your Social Security benefits. Why? Well, you just don’t have as many options! 

Once you get married, divorced, or widowed, you will have a couple more options to consider.

Even if you have not worked yourself, if you are married, divorced, or widowed, you may be eligible to collect Social Security benefits from your spouse (or former spouse). Likewise, if you were married more than once, you may qualify for benefits on more than one spouse’s earnings record.  

Married Spousal Benefits 

To collect on your spouse’s Social Security, you need to be married at least one year.  Your spouse also needs to be receiving their social security benefits.

The benefits you receive will be based on your spouse’s benefit at their full retirement age (usually between 66 and 67).  

Then, you will be able to claim 50% of their full retirement benefit.  Note, however, that the 50% – the spouse’s benefit – does not increase after the full retirement benefit (unlike a worker’s Social Security benefit, which grows from age 62 up to 70).  So there is no advantage to delaying your spousal benefits until age 70.

Benefits will be reduced, like normal, if you claim your benefit before the full retirement age (unless you have a child under 16, or one who is disabled, in which case you can receive benefits at any age without reductions).

If the spouse is eligible for his or her own retirement benefits based on their earnings, and that benefit amount is higher than the spousal benefit amount, then the retirement benefit is paid. Otherwise, the spousal benefit is paid. 

Lastly, some people have confusion about this: The benefits that are paid to the spouse will not reduce the worker’s retirement benefit amount that they receive. 

Widow Benefits 

Social Security does offer some survivor benefits for those who have lost a loved one and are eligible to receive them. There are however a few important notes to remember when applying for survivor benefits, and reporting a death.  

When someone passes away, it is best to notify Social Security as soon as possible. Per the Social Security website:  If you need to report a death or apply for benefits, call 1-800-772-1213 (you cannot report a death or apply for benefits online).

In terms of widower benefits, there is a one-time death benefit payment to the surviving spouse of $255 if they were living together or receiving Social Security benefits on the deceased’s record. 

If there is no surviving spouse, this payment is made available to an eligible child.

If the deceased person happened to be receiving benefits, these benefits must be returned to Social Security for the month of the passing and beyond (which is why Social Security wants you to notify them of the death as soon as you are able). 

Who is Eligible to Receive Widower Benefits? 
  • Widow or widower that is of age 60 or older
  • Widow or widower that is of age 50 or older if disabled
  • Under certain circumstances, a surviving divorced spouse
  • A widow or widower caring for a child under age 16, or a child who is disabled
  • A child of the deceased who is unmarried who:
    •  Is younger than 18
    •  Age 18 or older with a disability
What are the benefits? 
  • If you are a widow or widower, you are able to receive your deceased spouse’s full benefits at your full retirement age. If you would like to receive benefits as early as 60, you can, however they will be reduced. 
  • If you are disabled, you can receive benefits at age 50 as long as the disability started within seven years of the deceased’s death. 
  • If you have not remarried, and are taking care of the deceased spouse’s child who is under 16 or disabled, then you can claim survivor’s benefits at any age 

One important note about benefits for surviving spouses:  if you remarry before age 60, you lose eligibility for social security benefits on your prior marriage.

However, if you wait until age 60 to remarry, then that has no effect on your benefits.

In other words, if you are considering marriage after the death of your spouse, consider the effect it might have on your social security benefits (very romantic, right?)

Divorcee Benefits

If you are a divorcee, you may receive benefits based on your ex-spouse’s record. Of course, there are requirements that will make you eligible to receive these benefits. 

These requirements include:

  • The marriage lasted 10 years or longer
  • You are unmarried
  • The ex-spouse is age 62 or older
  • You’ve been divorced for at least 2 years
  • Your own social security benefit amount is less than what you’d receive on your ex-spouse’s benefit 

Even if your ex-spouse remarries, you are still eligible to receive the divorcee benefits as long as you meet the requirements.

The amount that a former spouse can receive is 50% of your ex-spouse’s benefit, at your full retirement age.  Like spousal benefits, a divorcee’s benefit will not grow beyond full retirement age.  And again like spousal benefits, if your retirement benefits are larger than the divorcee benefits of your ex-spouse, then you would simply receive the retirement benefits (since that’s the larger amount).  

Depending on your marital status, you may qualify for benefits that you may not have otherwise known about. Make sure you completely understand your options and know what you’re eligible for before claiming your benefits.

Spousal, Widow and Divorcee Key Takeaways:
  • A Spouse, Widow, Or Divorcee May Have Different Options And Different Claiming Strategies
  • A Married Spouse May Be Able To Claim 50% Of Their Working Spouse’s Full Retirement Age Benefit (But Only If Their Own Benefits Don’t Exceed 50% Of Their Spouse’s Benefits).  In Other Words, You Receive The Larger Of The Two. 
  • A Widow Can Receive A One Time Death Benefit Of $255, As Well As Start Receiving Their Deceased Spouse’s Social Security Benefits As Early As Age 60 (Although This Will Be A Decreased Amount)
  • A Divorcee May Be Eligible To Receive 50% Of Their Ex-spouse’s Benefits At Their Full Retirement Age.  However, If A Divorcee Remarries Before Age 60, They May Lose Eligibility For Social Security Benefits On Their Prior Marriage.