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Can My Husband Collect on My Social Security If I Die First?

Whether a spouse is eligible for survivor's benefits depends on several conditions.

Edna V. Forero, ChFC

Chartered Financial Consultant (ChFC), Enrolled Agent (EA), Accredited Financial Counselor (AFC)

October 24, 2024 • Advertising Disclosure

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Welcome to Ask Money Talks News, a series answering financial questions submitted by Money Talks Newsletter subscribers.

In this installment, we’re talking about Social Security benefit options for surviving spouses — in other words, widows and widowers.

Beverly asks Money Talks News:

“If my spouse is safety retired, can he collect on my Social Security if I pass away first?”

Thanks for your question, Beverly. I’m not sure what you mean by “safety retired,” but I can tell you about some situations in which your spouse could and could not collect a survivor’s benefit after your death.

By survivor’s benefit I mean a Social Security benefit that a widow or widower receives based on the earnings record of the spouse they survived. So, Beverly, if your spouse were to receive this type of benefit, the amount would be calculated based on your work history, not his.

If your spouse currently receives a retirement benefit (based on his own earnings record) he would be able to switch to a survivor’s benefit after your death only if the survivor’s benefit amount is greater than his current payment. The Social Security Administration would determine if the survivor’s benefit amount is higher than any current benefit amount received.

For example, if your spouse is getting $1,200 monthly and the survivor’s benefit is $1,600, his payment would increase to $1,600 monthly after your death. However, if his current benefit is $1,800, it will not be increased or reduced; he’d continue to receive $1,800 monthly.

If your spouse currently receives a disability benefit, the situation is similar: He would be able to switch to a survivor’s benefit after your death only if the survivor’s benefit amount is greater than his current payment.

So, let’s say your spouse’s disability amount is $1,400. If you die before him and his survivor’s benefit amount is $1,600, his payment would increase to $1,600 after your death. If, however, the survivor’s benefit is only $1,100, he would continue to receive $1,400. This can be a little tricky to determine. For more information on how the Social Security Administration calculates disability payments, check out its guide to disability benefits.

Note that all of the above assumes your spouse is eligible for survivor’s benefits in the first place, Beverly.

For those who are unaware, the requirements that a surviving spouse must meet to be eligible for survivor’s benefits include:

  • Having been married to the spouse you survived for at least nine months
  • Not having remarried before the age of 60 (or 50 if you are disabled)
  • Being 60 or older (or 50 or older if you are disabled)

So, if your spouse does not meet all of these conditions, Beverly, he may not be eligible for survivor’s benefits.

See Also:
How to Make Your Money Last Decades Longer (Without Getting a Job)

How to Ask Money Talks News

You can submit a question for the Ask Money Talks News series for free. Here’s how:

  1. Hit “reply” to the Money Talks Newsletter.
  2. Change the email subject line to Ask Money Talks News.
  3. Put your question in the email. Make sure to include enough detail for us to fully understand your question and any relevant context — but keep it all under 50 words.
  4. Hit “send.”

We can’t answer every question we receive, of course, but we do prioritize questions from Money Talks News members and questions that apply to a majority of our audience.

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