Can I Draw Social Security From My Deceased Husband
If My Spouse Dies, Exercise I Get His Social Security and Mine?
- Updated September 25, 2020
The 2020 Widows Benefits Guide & Calculator
The short answer is that you cannot collect both your own Social Security benefits and survivor benefits at the aforementioned time. But it's a bit more complicated than that. We break down what you lot need to know about benefits later on the passing of a spouse.
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Contents
Chapter 1: What are survivor benefits?
While many people associate Social Security benefits with payouts to retired workers, the Social Security Administration in fact distributes several different kinds of beneifts. These include both benefits for the families of a deceased worker, besides as benefits for people who are disabled and so unable to work.
Social Security survivor benefits (often referred to every bit "widows benefits") provide an important source of income for family members whose workers have passed away. As long equally the deceased worker would have been eligible to collect Social Security benefits upon their retirement, their family members volition 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 may be able to collect them in their stead.
Chapter two:
Who is eligible for survivor benefits from Social Security?
Survivor benefits are not express to the surviving spouse. The following people can receive survivor benefits:
If yous 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 course of their life, they accumulate credits. A worker can receive up to iv credits a twelvemonth. For instance, in 2020, workers will receive ane credit for every $one,410 they earn. When your spouse has earned $5,640, they have earned their iv credits for the year.
In order to merits retirement, a worker needs twoscore credits. Nevertheless, the number of credits required to provide survivor benefits for the worker's family unit depends on the worker'south age when they die. This ways that the younger a person is when they laissez passer abroad, the fewer credits they will need for their family members receive survivor benefits.
When someone retires, or when they die, the amount of their benefit is calculated based on their earnings over their lifetime. This is the corporeality that survivors volition receive all or part of. To calculate their benefit, Social Security adds upward the worker'south income during the years they made the most coin. They and so index that full against boilerplate wages across the land during those years. This results in the worker'south "Boilerplate Indexed Monthly Earnings" (AIME). The Social Security Administration only includes the portion of a worker's income upwards to the maximum taxable earnings limit. This is the amount that is taxed for Social Security—in 2020, that's $137,700. If your spouse earned more than than that, the higher earnings will not exist included in the calculation because these monies were non taxed by Social Security.
Fifty-fifty if you were divorced, you could be eligible for upward to 100% of your deceased husband's benefit.
Social Security then applies a formula to that monthly corporeality to determine how much your spouse would take received at full retirement. In 2020, that formula is:
-
90% of the first $960 of your AIME;
-
plus 32% of any amount over $960 upward to $5,785;
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plus 15% of whatsoever corporeality over $5,785.
The resulting number is the worker'due south chief insurance amount (PIA). This is the amount they would have received if they applied for retirement benefits when they reached their full retirement age—not before or later.
Chapter 4: How much will you receive in survivor benefits?
After the passing of the worker, Social Security pays a one-time decease benefit of $255 which can be collected past the widow or child.
And then there is the (ongoing) monthly Social Security survivor benefit. That benefit is based on the Social Security benefit the worker was receiving (or would have received).
The benefit tin can be upward to 100% of what your spouse would have received at full retirement. If the do good yous would receive as a survivor is higher than the benefit you receive on your own, Social Security volition pay you the higher of the 2 amounts, not the ii combined. Even so, survivor benefits, unlike spousal benefits, don't take to be claimed at the same time as yourown retirement benefits. Yous can, in many cases, receive one do good for a time so 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 tin apply for survivor benefits is age 60 (fifty if disabled).
Reduction to benefits
The earliest a widow or widower can apply for survivor benefits is historic period 60. (Note that if the widow is disabled, and began receiving disability payments before, or within, seven years of the worker's decease, they may apply at age 50. Social Security uses the same definition of disability for survivors every bit information technology does for workers.)
Widows 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 total retirement age (FRA), those benefits volition exist reduced a fraction of a percent for each month claimed "early on". (Note that your survivor total retirement historic period is different from your own total retirement historic period.)
The Primary Insurance Amount (PIA) is the number Social Security uses to decide survivor benefits. If you apply earlier your survivor full retirement historic period, you will receive between 71.v% and 99% of your spouse'south do good (PIA). A disabled widow or widower aged 50 to 59 would receive 71.5% of their spouse's benefit. The percentage scales up for each month that you await until your survivor full retirement age. However, if yous wait to merits survivor benefits until survivor full retirement age, you are eligible for 100%.
How much tin you earn and still collect survivor benefits?
While it tin can seem unfair to not be able to fully claim both your ain and your survivor benefits, at that place are claiming strategies to maximize what yous receive. This includes switching from one do good to the other. See an example from one of our users direct below.
Making the right determination on how to maximize your ain benefits depends on how much your own retirement do good vs. survivor benefit would be, and how long you lot think you will be living and needing the money. Information technology also depends on whether you're working.
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Survivors benefits if you have children
If your spouse dies and you accept children with them under the age of 16, then (regardless of your own historic period), you can receive up to 75% of your spouse'due south benefit. Similarly, if your spouse has children nether sixteen by a previous wedlock, that spouse may receive upwardly to 75% of your spouse'southward do good. Also, each kid, upward to the historic period of 18, or xix if still in secondary school or disabled—may also receive up to 75%.
The maximum a family can receive is up to 180% of the worker'southward PIA. If ex-spouses receive benefits, it does non in whatsoever mode impact the corporeality a current spouse volition receive (and vice versa). Yet, if you qualify because you have the worker's child in your care, your benefit will affect the amount of the benefits of others on the worker's record.
If a spouse or sometime spouse is not caring for the children of the deceased worker, they may still apply for benefits on their ain, if they are at to the lowest degree lx (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 non currently married. However, if the living ex-spouse remarries earlier age sixty, they forfeit their right to their deceased former spouse'southward Social Security—unless that subsequent marriage ended in decease, divorce, or annulment. If the living ex-spouse remarries after historic period 60, this rule doesn't employ.
How much a spouse or quondam spouse receives depends on several factors including when they file for benefits and whether they are nevertheless working and earning money.
Chapter 5:
Maximizing your benefit
Many people enquire "can I collect my deceased spouse's social security and my own at the aforementioned time?" In fact, you cannot simply add together togetherboth a survivor benefit and your own retirement benefit. Instead, Social Security will pay the college of the two amounts.
If the do good you would receive as a survivor is higher than your ain earned do good, Social Security pays the college of the two amounts –not the ii combined.
While information technology can seem unfair to not be able to merits both full benefits, there are challenge strategies you can use to maximize the total Social Security benefits y'all receive. This includes switching from one benefit to the other. Run into an case from i of our users direct below.
Making the correct determination on how to maximize your own benefits depends on how much your own retirement benefit vs. survivor benefit would be, and how long you call back you volition be living and needing the money. Information technology also depends on whether you're working.
Beneath 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 tin employ to receive the higher amount even if y'all are receiving retirement benefit payments.
- If you are over 60 and remarried, and your electric current spouse is a Social Security casher… yous may apply for spousal benefits on your electric current spouse's tape or opt to take your former spouse's survivor benefits. Depending on whichever is higher (your own and either your spousal benefits or your survivor benefits), you tin decide to claim a combination of benefits equal to the higher amount.
- If you are already receiving your own retirement benefits when your spouse dies… then the optimal strategy depends on how long you lot have been receiving your own benefits. If you have been receiving your retirement do good for less than 12 months when your spouse dies, you couldwithdraw your retirement application and but accept your survivors benefit now (and later switch back to your ain benefit). If you have been receiving your retirement do good for more than than 12 months when your spouse dies, you tin can only employ for survivors benefits if the do good of your spouse'due south business relationship is more than than the benefit you receive on your own.
- If you are already receiving spousal benefits when your spouse dies… Social Security volition convert your do good to survivors benefits, which are up to 100% of your tardily spouse'southward full retirement benefit (compared to 50% for spousal benefits).
Affiliate 6:
How to use for survivor benefits
A widow, widower, or surviving divorced spouse cannot apply online for survivors benefits. You lot must call Social Security at 1-800-772-1213 (TTY number at 1-800-325-0778.) Alternatively, you 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 decease document—annotation that it must be a certified copy)
- Both your ain Social Security number and that of the deceased worker
- Your nativity document
- Your marriage certificate (if you are a widow or widower)
- Your divorce certificate (once more, if you lot are a widow or widower—and note that information technology must be a certified copy)
- Dependent children'due south Social Security numbers, if available, and nascence certificates
- Deceased worker'due south W-2 forms or federal self-employment taxation return for the most recent twelvemonth
Unlike other Social Security benefits, you cannot apply for survivors benefits online. Y'all must telephone call the SSA or go in person to your local Social Security field office.
Applying and ensuring you claim the right benefit at the right fourth dimension for your personal finances tin exist disruptive. When you're ready to utilise, we recommendusing a checklist to ensure you have the right steps and have the right documentation.
The bottom line
Many Americans depend on Social Security as a critical source of income, particularly in retirement. This is specially truthful for people who take lost a spouse. Withal if yous do non know the facts around Social Security benefits, it's easy to lose coin depending on when you merits. But while Social Security can feel complicated, you are not alone. Our team of experts is hither to assist. When y'all're set, nosotros recommend using a Social Security benefits calculator that accounts for survivor benefits. With a comprehensive understanding of what y'all are owed and how Social Security works, you can navigate the next affiliate of your life with the confidence and financial security you deserve.
Other Social Security manufactures of interest
- Guide to Social Security and Death
- 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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