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

Losing a spouse is one of the most painful and frightening events in life. For many surviving spouse, financial concerns demand immediate attention immediately after the death. Those who understand the rules governing Social Security survivor benefits will find it easier to alleviate some of the natural uncertainty.

Widows and widowers may be eligible to collect benefits based on their deceased spouse’s earnings record if they meet certain criteria established by the Social Security Administration (SSA).

At The Keener Law Firm, we never abandon our clients, even after they pass away. We work hard to ensure that surviving spouses know exactly what benefits they are entitled to, both as individuals and as survivors of qualifying deceased spouses. In this article, we explain when a widow or widower can collect Social Security benefits in addition to how the amount of the benefits is calculated.

What Are Social Security Survivor Benefits?

Social Security survivor benefits are payments made to eligible family members of a deceased worker who paid into the Social Security system. These benefits are intended to provide financial assistance to spouses, children, and sometimes parents after the loss of their primary source of support.

For surviving spouses, survivor benefits are typically based on the deceased spouse’s work record. The amount a surviving spouse receives depends on several factors, including the deceased spouse’s earnings, the surviving spouse’s age, and other eligibility criteria.

General Eligibility Requirements

To qualify for Social Security survivor benefits as a surviving spouse, the following conditions must be met:

Marital Status
You must have been married to the deceased worker. The marriage must generally have lasted at least nine months before the spouse’s death. The exceptions to this rule include circumstances when the spouse died in an accidental or during military service.

Work Record of the Deceased
The deceased spouse must have worked and earned enough credits under Social Security. The number of credits required depends on their age at the time of death, but generally, they need at least 10 years of work (or 40 credits). Exceptions apply to this rule too. The surviving spouse of a worker who died young may still qualify for benefits if the deceased spouse earned the minimum work credits under criteria adjusted for their shorter working career. If you are in this situation, contact The Keener Law Office for help determining what benefits you may be entitled to receive on your late spouse’s work record.

Age of the Survivor
Survivor benefits are available starting at age 60, or age 50 if the surviving spouse has a disability that began before or within seven years of the spouse’s death. There is no minimum age if survivors are caring for the deceased’s child who is under 16 or disabled.

When Can a Widow Begin Collecting Benefits?

The timing for collecting benefits depends largely on the surviving spouse’s age and situation. Here are some common scenarios:

Standard Eligibility: Age 60

A widow can begin collecting survivor benefits as early as age 60. However, starting benefits at this age means receiving a reduced amount. The SSA reduces survivor benefits by a certain percentage if claimed before the widow’s full retirement age (FRA). The reduction is permanent, so it’s important to consider the long-term financial implications of starting benefits early.

Eligibility at Age 50 if Surviving Spouse is Disabled

If the surviving spouse has a qualifying disability, they may start collecting survivor benefits as early as age 50. To qualify, the disability must meet the SSA’s definition and have started before or within seven years of the spouse’s death.

Caring for a Minor Child: Any Age

A widow or widower caring for the deceased spouse’s child under the age of 16 or a disabled child of any age can collect survivor benefits regardless of their own age.

How Are Benefits Calculated?

The amount of survivor benefits a widow receives depends on the deceased spouse’s earnings and the age at which the survivor claims benefits.

Maximum Benefit

If the widow waits until their full retirement age to claim survivor benefits, they may receive 100% of the deceased spouse’s benefit amount. The full retirement age for survivor benefits varies depending on the widow’s birth year but is generally between 66 and 67.

NOTE: A surviving spouse may file a claim for benefits under their deceased spouse’s work record and let their own Social Security benefits continue to accrue until they reach full retirement age. This is a unique option available only to survivors and is not a choice open to other claimants.

Reduced Benefits for Early Claims

Claiming survivor benefits before full retirement age results in a reduction. For example:

• At age 60, the survivor benefit is approximately 71.5% of the deceased spouse’s benefit.
• At age 62, the benefit increases to about 81% of the deceased spouse’s benefit.

Impact of Work Credits

The deceased spouse’s earnings history significantly influences the benefit amount. Higher lifetime earnings result in higher benefits for surviving family members. For a full explanation of how the amount of your Social Security benefits are calculated, see How Much Would I Receive In Social Security Disability? Social Security retirement benefits and disability benefits are calculated using exactly the same formula.

Can a Widow Work While Receiving Survivor Benefits?

Yes, widows can work while collecting survivor benefits, but their earnings may affect the amount they receive if they are under full retirement age. The SSA applies an earnings test, reducing benefits by $1 for every $2 earned above an annual limit ($22,320 in 2024). Once the surviving spouse reaches full retirement age, the earnings limit no longer applies.

What If the Widow Remarries?

Remarriage can affect eligibility for survivor benefits, depending on when the marriage occurs.

If a widow remarries before age 60, they typically lose eligibility for survivor benefits based on their deceased spouse’s work record. The exception to this rule provides that benefits may be available if the later marriage ends in divorce or annulment.

A widow who remarries at or after age 60 can still receive survivor benefits from their deceased spouse’s record. The same applies if remarriage occurs at or after age 50 for disabled widows.

Can a Widow Collect Both Survivor Benefits and Their Own Retirement Benefits?

A widow can qualify for both survivor benefits and benefits based on their own work record but the SSA only pays the surviving spouse the higher of the two amounts.

For example, if the widow’s retirement benefit is higher than the survivor benefit, the SSA will pay the retirement benefit. Conversely, if the survivor benefit is higher, the widow receives that amount.

How to Apply for Survivor Benefits

If you are a surviving spouse, you cannot apply for survivor benefits online. You can get the help of an attorney experienced in all matters relating to Social Security by contacting The Keener Law Firm. Our attorneys and staff will guide you through the application process and follow the claim with you. You can also file by phone or in person at a Social Security office.

How To Know When to File for Social Security Survivor Benefits?

Choosing when to collect survivor benefits can be confusing because of the many variables that apply to different people’s circumstances. The decision you make will affect your long-term financial situation.

Factors you should consider and discuss with a Social Security attorney include:

• Your current financial needs
• Your health and life expectancy
• Other sources of income, including retirement savings

Waiting until full retirement age often results in higher benefits, but early claims may be necessary for those whose financial realities require immediate benefits.

Get Experienced, Reliable Legal Guidance The Keener Law Firm

At The Keener Law Firm, we understand the challenges widows face when navigating the Social Security system. We’re here to help you understand your rights, complete your application, and secure the benefits you deserve.

If you have questions about survivor benefits or need assistance with your claim, contact The Keener Law Firm today.