Spousal vs. Survivor Benefits: Eligibility, Remarriage, and Filing

Social Security spousal benefits pay up to 50% of a living husband’s or wife’s benefit, while survivor benefits pay up to 100% of a deceased spouse’s benefit. That gap in the cap is the biggest difference between spousal vs survivor benefits, but it isn’t the only one. The two programs also differ on when you can first claim, how much an early claim costs you, what remarriage does to your eligibility, and whether you can switch between benefits later.

The Core Differences at a Glance

Four differences do most of the work when a couple or a surviving spouse is trying to decide what to file for and when.

  • Maximum payment. Spousal benefits top out at 50% of the worker’s primary insurance amount (the benefit the worker would receive at full retirement age). Survivor benefits can reach 100% of what the deceased worker was receiving or would have received at full retirement age.1Social Security Administration. Benefits for Spouses2Social Security Administration. What You Could Get From Survivor Benefits
  • Earliest age to claim. Spousal benefits start at 62. Survivor benefits start at 60, or 50 if you are disabled.3Social Security Administration. Survivors Benefits
  • Cost of filing early. A spousal benefit claimed at 62 can drop to as little as 32.5% of the worker’s primary insurance amount. A survivor benefit claimed at 60 starts at about 71.5% and rises the longer you wait, reaching 100% at your survivor full retirement age.1Social Security Administration. Benefits for Spouses2Social Security Administration. What You Could Get From Survivor Benefits
  • Switching between benefits. If you qualify for your own retirement benefit and a spousal benefit, you are deemed to have filed for both and get the larger amount. Survivor benefits are the exception: you can file for one and let the other grow.4Social Security Administration. POMS: GN 00204.035 – Deemed Filing5Social Security Administration. Benefits Planner: Retirement – Filing Rules for Retirement and Spouses Benefits

Another detail worth flagging up front: the full retirement age for survivor benefits falls between 66 and 67, and it is not necessarily the same as your full retirement age for your own retirement benefit.6Social Security Administration. See Your Full Retirement Age (FRA) for Survivor Benefits

Who Qualifies for Spousal Benefits

Spousal benefits let you collect on your husband’s or wife’s work record instead of your own. You qualify if you are at least 62, or if you are caring for your spouse’s child who is under 16 or has a qualifying disability. Your spouse must already be collecting retirement or disability benefits, and the marriage must have lasted at least one continuous year.7Social Security Administration. Who Can Get Family Benefits

The 50% cap is measured against the worker’s primary insurance amount, not against whatever the worker is actually collecting. Delayed retirement credits, which raise a worker’s own check by 8% per year past full retirement age up to 70, do not raise the spousal benefit.8Social Security Administration. Early or Late Retirement Filing for a spousal benefit takes nothing away from what your spouse collects. The two amounts are calculated independently.

If You Are Divorced

You can still claim spousal benefits on an ex-spouse’s record if the marriage lasted at least 10 years, you are currently unmarried, and you are at least 62.9Social Security Administration. More Info: If You Had a Prior Marriage Your ex does not need to consent or even know. If the divorce was at least two years ago, your ex does not have to have started collecting yet.

Who Qualifies for Survivor Benefits

Survivor benefits become available after a worker with enough Social Security credits dies. A surviving spouse can file as early as 60, or 50 if disabled, and the marriage must have lasted at least nine months before the death.3Social Security Administration. Survivors Benefits

The nine-month rule is waived if the death was accidental, occurred in the line of military duty, or if the couple had previously been married to each other for at least nine months before divorcing and remarrying.10Social Security Administration. Social Security Handbook – 404. Exception to the Nine-Month Duration of Marriage

A surviving spouse caring for the deceased worker’s child who is under 16 or has a qualifying disability can collect at any age, regardless of the surviving spouse’s own age.11Social Security Administration. Benefits for Children Unmarried children of the deceased can also qualify on their own: under 18, under 19 if still in elementary or secondary school full time, or any age if they developed a disability before 22.12Social Security Administration. Who Can Get Survivor Benefits

Separate from the monthly benefit, Social Security pays a one-time lump-sum death payment of $255 to a surviving spouse (or, if none, to eligible children). You must apply within two years of the worker’s death.13Social Security Administration. Lump-Sum Death Payment

If you are already collecting spousal benefits when your spouse dies, Social Security automatically converts your payment to a survivor benefit. You do not need to file a new application, though you should still contact Social Security about the $255 payment, which is not automatic.14Social Security Administration. Can I Get Surviving Spouse Benefits?

How Remarriage Changes Things

Remarriage cuts opposite ways depending on which benefit is in play. For spousal benefits based on an ex-spouse’s record, getting remarried generally ends your eligibility.

Survivor benefits are more forgiving. Remarrying before age 60 (or 50 if disabled) ends eligibility. Remarrying at 60 or later does not affect your survivor benefit at all.15Social Security Administration. Social Security Handbook – 406. Effect of Remarriage – Widow(er)’s Benefits And if you remarried too early and that later marriage ends by divorce, annulment, or death, eligibility for the survivor benefit on your first spouse’s record can return.

Combining Benefits With Your Own Retirement

Many people qualify for their own Social Security retirement benefit and a spousal or survivor benefit at the same time. You cannot collect both in full. But the rules governing how you pick differ sharply between the two.

Spousal Benefits: Deemed Filing

Under deemed filing, applying for either your own retirement benefit or a spousal benefit counts as an application for both. Social Security pays the larger of the two.4Social Security Administration. POMS: GN 00204.035 – Deemed Filing You cannot take just the spousal amount now and let your own retirement benefit grow with delayed retirement credits.

Survivor Benefits: The Big Exception

Deemed filing does not apply to survivor benefits, and that opens a real planning window. A surviving spouse can file for a survivor benefit first, collect that income, and let their own retirement benefit grow until age 70, then switch to the higher retirement amount for life.5Social Security Administration. Benefits Planner: Retirement – Filing Rules for Retirement and Spouses Benefits The reverse also works: if your own retirement benefit is currently larger, you can start it early and switch to the full survivor benefit at your survivor full retirement age.

What Delayed Retirement Credits Do

A worker who delays past full retirement age earns delayed retirement credits worth 8% per year up to 70.8Social Security Administration. Early or Late Retirement Those credits never increase a living spouse’s spousal benefit. But they are factored into a survivor benefit if the worker dies with credits earned.16Code of Federal Regulations. Section 404.313 – What Are Delayed Retirement Credits and How Do They Increase My Old-Age Benefit Amount? A higher earner who waits until 70 is building a larger check that passes through to a surviving spouse, even though it never raises the spousal benefit while both are alive.

How to Apply

You can apply for retirement and spousal benefits online at Social Security’s website. Survivor benefits are different: you have to apply by calling Social Security at 1-800-772-1213 or visiting a local office in person.17Social Security Administration. Who Is Eligible to Receive Social Security Survivors Benefits and How Do I Apply? Plan to apply a few months before you want payments to start.

For a retirement or spousal application, have your Social Security number, date and place of birth, and information about current and former spouses ready, including Social Security numbers and dates of marriage, divorce, or death.18Social Security Administration. Form SSA-1 – Information You Need to Apply for Retirement Benefits or Medicare For a survivor claim, you will also need the deceased worker’s Social Security number and a certified death certificate. All Social Security payments must be delivered electronically, so you will set up direct deposit or a Direct Express prepaid debit card when you apply.19Social Security Administration. Direct Deposit