Can You Collect Both Your Spouse's and Your Own Social Security After They Pass Away?

When your spouse dies, you likely wonder whether you can receive their Social Security benefits in addition to your own. The answer is more nuanced than a simple yes or no—it depends on your age, work history, and specific circumstances. Understanding your rights can help you make informed decisions about your financial future during a difficult time.

Understanding Survivor Benefits vs. Your Own Benefits

If your spouse was receiving Social Security retirement or disability benefits at the time of their death, you become eligible to collect survivor benefits. However, you cannot receive both your full benefit amount and their full benefit simultaneously. Instead, you will receive whichever benefit is higher—either your own retirement benefit or the survivor benefit based on your spouse’s record.

The key principle is that Social Security calculates your total benefit as the greater of two amounts: your own earned benefit or the survivor benefit tied to your deceased spouse’s earnings history. This is important to understand if you’re asking whether you get both his Social Security and yours.

What Determines Your Eligibility as a Surviving Spouse?

Your age plays a critical role in whether you qualify for survivor benefits. You may begin collecting reduced survivor benefits as early as age 60. If you reach full retirement age, you become entitled to the full survivor benefit amount. Additionally, if you have a qualifying disability that began before or within seven years of your spouse’s death, you may collect survivor benefits starting at age 50.

There’s another scenario where age becomes irrelevant: if you are caring for your deceased spouse’s child who is under 16 years old or has a disability, you can receive survivor benefits regardless of your age.

How Much Will Your Survivor Benefit Be?

The percentage of your spouse’s benefit that you receive depends directly on your age at the time you claim:

• At full retirement age or older: You receive 100% of your spouse’s full benefit amount
• Between ages 60 and full retirement age: You collect between 71.5% and 99% of the benefit
• Ages 50-59 with a disability: You receive 71.5% of the benefit
• Any age while caring for a child under 16 or disabled child: You collect 75% of the benefit

These percentages ensure that your survivor benefit reflects your age and circumstances, with earlier claims resulting in permanently reduced amounts.

Important Rules for Divorced Spouses

If you were divorced from your spouse but remained married for 10 or more years, you retain the same survivor benefit rights as a currently married spouse. This protection applies even after divorce. However, if you remarry before age 60 (or age 50 if you have a disability), your eligibility for survivor benefits terminates.

The exception to the marriage-length requirement exists for those caring for the deceased ex-spouse’s minor or disabled child receiving benefits.

The Lump-Sum Death Payment

In addition to ongoing survivor benefits, a one-time lump-sum death payment of $255 may be available. To qualify, you typically must have been living in the same household as your spouse at the time of death. If you weren’t living together, you must already have been receiving benefits or become eligible upon their death.

What Happens to Your Existing Benefits?

If you were already receiving spousal benefits before your spouse’s death, those benefits automatically convert to survivor benefits once the Social Security Administration is notified. If you haven’t applied for any benefits yet, you can apply for survivor benefits and compare them to your own retirement benefit, then choose whichever is larger. This flexibility ensures you maximize your lifetime benefits.

Taking Action: How to Report the Death

Time is essential when your spouse passes away. Contact the Social Security Administration immediately by calling 800-772-1213 or visiting your local office. Note that you cannot report a death or apply for survivor benefits online—you must speak with a representative directly. Prompt notification ensures your benefits transition smoothly and you don’t miss any payments to which you’re entitled.

Understanding these rules helps demystify what happens to your Social Security when your spouse dies, allowing you to plan effectively for your financial security.