What Happens to Social Security Benefits When a Spouse Dies?

When your spouse passes away, you could be entitled to receive their Social Security benefits as a surviving spouse. The Social Security Administration (SSA) pays survivor benefits to eligible widows and widowers, often representing essential financial support during an already difficult time.

At The Keener Law Firm, we understand how losing a spouse creates serious emotional and financial challenges. Our experienced team has helped countless families throughout the United States understand their rights to Social Security survivor benefits. We guide clients and their families through the application process with genuine compassion and detailed knowledge.

What Are Social Security Survivor Benefits?

Social Security survivor benefits are monthly payments made to eligible family members of deceased workers who earned enough Social Security credits during their lifetime. These benefits are intended to replace a portion of the income that was lost when your spouse died.

The amount you receive depends on several factors, including your deceased spouse’s earnings record, your age when you apply, and whether you have dependent children. Survivor benefits can begin as early as age 60 (or age 50 if you’re disabled).

The maximum survivor benefit you can receive is based on your deceased spouse’s earnings record. Since survivor benefits are calculated as a percentage of the deceased worker’s benefit amount, the actual amount a surviving spouse is eligible to receive varies. The average survivor benefit in 2025 is approximately $1,784 per month. The highest possible monthly benefit would be just over $4,000, assuming the deceased spouse’s retirement benefit were that high.

Who Qualifies for Survivor Benefits?

You can be eligible for survivor benefits if you are the surviving spouse of someone who worked and paid Social Security taxes for at least 10 years. The worker generally would have earned 40 work credits, one per quarter for ten years.

To be eligible, a surviving spouse would need to meet these requirements:

• Age Requirements: You must be at least 60 years old, 50 if you’re disabled. However, if you’re caring for your deceased spouse’s child who is under 16 or disabled, you can receive benefits at any age.
• Marriage Duration: You must have been married to your deceased spouse for at least nine months before their death. There are some exceptions for accidental deaths or deaths that occur during military service.
• Former Spouse Eligibility: If you were divorced from the deceased worker, you should still be eligible for survivor benefits if your marriage lasted at least 10 years and you have not remarried before age 60 (or age 50 if disabled). You can receive these benefits even if your former spouse remarried after your divorce. In fact, multiple former spouses can receive the full survivor benefit if more than one former spouse qualifies.
• Remarriage Rules: If you remarry before age 60 (or age 50 if disabled), you generally cannot receive survivor benefits from your first spouse. However, if you remarry after age 60, you can still collect survivor benefits.
• Work Credits: Your deceased spouse must have earned enough work credits. For someone who dies in 2025, they need 40 credits (10 years of work) if they were born in 1965 or later. Younger workers may qualify with fewer credits.

How Much Will You Receive in Survivor Benefits?

As we noted earlier, the amount of your survivor benefit depends on your deceased spouse’s earnings record and your age when you start receiving benefits. If you wait until your full retirement age to apply, you’ll receive 100% of your spouse’s benefit amount.

However, if you apply for survivor benefits before your full retirement age, the benefits are reduced. For example, if you apply at age 60, you’ll receive approximately 71.5% of your spouse’s full benefit amount. The reduction is calculated based on the number of months before your full retirement age.

Your full retirement age for survivor benefits ranges from 65 to 67, depending on your birth year. For those born in 1960 or later, full retirement age is 67. If you were born between 1945 and 1956, your full retirement age was 66.

The SSA also applies annual cost-of-living adjustments (COLA) to survivor benefits. The 2025, COLA increase was 2.5%. The amount of the COLA is determined by inflation rates during the previous year.

Can You Receive Both Your Own Social Security and Survivor Benefits?

No. You cannot receive both your own Social Security retirement benefits and survivor benefits simultaneously. However, you can choose between them to take the one that will maximize your lifetime benefits.

Some surviving spouses opt to take survivor benefits first if they’re higher than their own retirement benefits. You might take survivor benefits early and delay your own retirement benefits until age 70 to earn delayed retirement credits.

This important decision requires careful analysis of your individual circumstances. The Keener Law Firm can help you understand your options to develop the best strategy to you get the most Social Security benefits over your lifetime.

When Should You Apply for Survivor Benefits?

You should apply for survivor benefits as soon as possible after your spouse’s death, even if you’re not ready to start receiving payments. The SSA cannot pay survivor benefits for months before you apply, so delaying the claim will result in your loss of valuable benefits.

If you’re already receiving Social Security benefits based on your own work record, the SSA will automatically convert you to survivor benefits if they’re higher. You don’t need to take any action in this case.

What Documents Do You Need to Apply?

You’ll need to provide several documents to claim your survivor benefits:

• Your spouse’s death certificate, your marriage certificate, and your Social Security card or birth certificate. If you have dependent children, you’ll also need their birth certificates and Social Security cards.

You may also need to provide proof of your spouse’s military service if applicable, and information about any previous marriages for both you and your deceased spouse. Having these documents ready when you apply can speed up the process.

How Do You Apply for Survivor Benefits?

You can apply for survivor benefits by calling the SSA at 1-800-772-1213 or visiting your local Social Security office.  However, recent staffing changes mean that working with an experienced Social Security law firm will relieve you from the stress and frustration that could be involved.

Some applications may require additional documentation or verification, which can extend the processing time. Working with the experienced Social Security law team at The Keener Law Firm can help ensure your application is complete and accurate, avoiding unnecessary delays.

What If Your Application Is Denied?

If your survivor benefits application is denied, you should appeal the decision. There are several levels in the appeal process: reconsideration, hearing before an administrative law judge, review by the Appeals Council, and federal court review.

Most appeals are resolved at the hearing level, where you and your attorney can present additional evidence and testimony to support your claim. Having legal representation during this process significantly improves your chances of a successful appeal.

The Keener Law Firm has extensive experience handling Social Security appeals and will guide you through each step of the process. Our team understands the complex regulations governing survivor benefits and can help build a strong case for your appeal.

Get Help with Your Survivor Benefits Claim

Our compassionate legal team at The Keener Law Firm has helped families throughout the United States successfully obtain Social Security survivor benefits. We understand the intricacies of Social Security law and can help you make informed decisions about your benefits strategy.