When Can A Widow Collect Her Husband’s Social Security?

When Can A Widow Collect Her Husbands Social Security - Can I Collect My Deceased Husband's Social Security And Still Work - Spousal Benefits For Social Security

When can a widow collect her husband’s social security?

In this article, you’ll learn about: 

  • when a widow can collect her husband’s social security
  • what are spousal benefits for social security
  • whether you get your ex-husband’s social security when he dies
  • whether two wives can collect social security from one husband 

Keep scrolling to learn more.

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When Can A Widow Collect Her Husband's Social Security?

A widow can collect her husband’s Social Security benefits as a survivor’s benefit under certain conditions. 

Here is when a widow can collect her husband’s social security:

  • Deceased Spouse’s Work History: To collect your husband’s Social Security benefits, your deceased spouse must have earned enough Social Security credits during his working years. Generally, this means he must have worked and paid Social Security taxes for at least ten years (40 quarters) to be eligible for Social Security benefits.
  • Age Requirements: The age at which a widow can start collecting survivor’s benefits depends on her own age and circumstances. Here are the three circumstances: 
    • (1) Full Retirement Age: A widow can collect full survivor’s benefits at her full retirement age. 
    • (2) Age 60 or Older: A widow can collect reduced survivor’s benefits as early as age 60. The reduction is typically around 71.5% to 99% of the full survivor’s benefit, depending on her own full retirement age. 
    • (3) Age 50 of Older with Disabilities: A disabled widow can collect survivor’s benefits as early as age 50. The disability must have started within seven years of the spouse’s death.
  • Marriage Duration: To qualify for survivor’s benefits, the widow must have been married to her deceased spouse for at least nine months. However, this rule may not apply if the death was accidental or if there was a child born of the marriage.
  • Remarriage: If a widow remarries before the age of 60 (or 50 if she is disabled), she generally cannot collect survivor’s benefits based on her deceased spouse’s record. If she remarries after reaching the eligible age, her survivor’s benefits are not affected.
  • Dependent Children: A widow with dependent children under the age of 16 (or disabled children of any age) can receive survivor’s benefits without regard to her age.
  • Eligibility for Other Benefits: Keep in mind that a widow may be eligible for her own Social Security retirement benefits or disability benefits. The Social Security Administration will pay the higher of her own benefits or her survivor’s benefits.

If My Spouse Dies Do I Get His Social Security And Mine?

No, if your spouse dies you do not get his social security and yours. 

When you are eligible for two benefits, such as a survivor benefit and a retirement payment, Social Security doesn’t add them together. 

Instead, Social Security pays you the higher of the two amounts.

Let’s say you are already receiving your own Social Security retirement or disability benefits. 

You can continue to receive your own benefits if they are higher than the survivor’s benefits. 

What Are Spousal Benefits For Social Security?

Spousal benefits for Social Security are a type of benefit that can be claimed by the spouse of an eligible Social Security recipient. 

These benefits are designed to provide financial support to spouses who may have limited or no work history. 

This allows them to receive a portion of their spouse’s Social Security retirement or disability benefits. 

  • Eligibility: Spousal benefits are for spouses of people who get Social Security. Even divorced spouses can get them if they meet certain conditions.
  • Marriage Duration: You usually need to be married for at least a year. There are exceptions if you have kids together or if you’re divorced.
  • Benefit Amount: You can get half of what your spouse gets from Social Security. But, it can be less if you claim it early. If you wait, it can be more.
  • Full Retirement Age: When you can get full spousal benefits depends on your age. If you claim them at your full retirement age, you get the full 50%.
  • Effect on Your Own Benefits: If you have your own Social Security benefits, you get the higher of the two amounts, not both.
  • Divorced Spousal Benefits: Divorced spouses can also get these benefits under specific conditions. Your ex-spouse’s benefit doesn’t affect what you get.
  • Applying for Benefits: You can apply for spousal benefits through the Social Security Administration. You’ll need to provide marriage details and your spouse’s Social Security number.

What Are The Rules For Spousal Benefits Of Social Security?

The rules for spousal benefits of Social Security are designed to provide financial support to the spouses of eligible Social Security recipients. 

To be eligible for spousal benefits, you must meet specific criteria, including:

  • You must be legally married to an eligible Social Security recipient. This includes both current marriages and certain divorced marriages if certain conditions are met.
  • If you are divorced, you generally must have been married for at least ten years and must not be currently married.

In the case of a deceased spouse, surviving spouses can also receive survivor’s benefits based on the deceased spouse’s work record. 

The rules for survivor’s benefits differ from standard spousal benefits.

Can I Collect My Deceased Husband's Social Security And Still Work?

Yes, you can collect your deceased husband’s Social Security survivor’s benefits and continue to work. 

There are no restrictions on working while receiving survivor’s benefits. 

Let’s say you have not reached your full retirement age (FRA).

Then you’ll be subject to a meaning limitation.

If your earnings from work exceed this limit, your benefits may be reduced. 

The earnings limit for survivors who have not reached their FRA is $19,560 per year. 

If you earn more than this amount, Social Security will deduct $1 from your survivor’s benefit for every $2 you earn above the limit.

Can You Collect 1/2 Of Your Spouse's Social Security And Then Your Full Amount?

No, you cannot collect half of your spouse’s social security and then your full amount. 

Social Security rules do not allow you to “double dip” and receive both benefits simultaneously.

You can receive either your own retirement benefit or spousal benefits. 

However, you cannot receive both simultaneously. 

The Social Security Administration will automatically calculate and provide you with the higher of the two benefit amounts based on your eligibility.

FAQs About When A Widow Can Collect Her Husband's Social Security

Here are other questions our probate clients ask us about Social Security. 

If My Ex Husband Dies Do I Get His Social Security?

Yes, you can get your ex-husband’s social security when he dies. 

Here are the key factors to consider:

  • Marriage Duration: To qualify for survivor’s benefits as an ex-spouse, you generally must have been married to your ex-husband for at least ten years.
  • Marital Status: You must be unmarried to qualify for survivor’s benefits. However, there is an exception. If you remarry after reaching age 60 (50 if you are disabled), your remarriage generally will not affect your eligibility for survivor’s benefits.
  • Divorce Status: You must be divorced from your ex-husband at the time of his death to qualify for survivor’s benefits.

Read More: When A Husband Dies Does The Wife Get His Social Security Disability?

If My Ex-Husband Remarried Can I Get His Social Security?

Yes, you can claim his social security even if your ex has remarried. 

Your ex-husband’s remarriage is not a factor considered in determining your eligibility. 

As long as you meet the criteria outlined above, you can qualify for Social Security benefits based on his work record.

Read More: Am I Entitled To My Husband’s Property If He Dies And My Name Isn’t On The Deed?

How Much Does A Surviving Divorced Spouse Get From Social Security?

The amount a surviving divorced spouse can receive from Social Security as survivor’s benefits depends on various factors, including 

  • your age, 
  • your deceased ex-spouse’s work history, and 
  • the timing of when you claim the benefits

To qualify for survivor’s benefits as a divorced spouse, you generally must have been married to your ex-spouse for at least ten years. 

Now, let’s say you remarry before age 60 (or before age 50 if you are disabled).

Then you typically cannot receive survivor’s benefits based on your deceased ex-spouse’s work record. 

However, remarriage after reaching these ages does not affect your eligibility.

But the biggest determining factor of how much a surviving divorced spouse would get from social security is age. 

The age at which you claim survivor’s benefits affects the amount you receive:

  • If you claim survivor’s benefits at your full retirement age, you can receive the full survivor’s benefit amount.
  • If you claim survivor’s benefits before your full retirement age, your benefits will be reduced. The reduction is based on the number of months you claim early.
  • If you delay claiming survivor’s benefits beyond your full retirement age, you can earn delayed retirement credits, which may increase your benefit amount.

Read More: My Husband Died And I Am Not On His Bank Account

Can Two Wives Collect Social Security From One Husband?

No, two wives cannot collect Social Security benefits from one husband. 

Social Security benefits are designed to provide financial support to the worker’s spouse based on the worker’s own earnings history. 

The rules do not permit multiple spouses to receive simultaneous benefits from one worker’s record. 

Read More: What Happens To A Joint Revocable Trust When One Spouse Dies?

Can I Collect My Husband's Social Security Before He Retired?

In general, you cannot collect your husband’s Social Security benefits before he retires. 

Social Security retirement benefits are tied to the individual’s own work history and earnings record. 

Your husband can begin receiving Social Security retirement benefits as early as age 62. 

However, you generally must wait until your husband has retired and starts receiving his own benefits before you can collect spousal benefits based on his work record.

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