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how long must you be married to receive survivor benefits

by Prof. Daphne Batz Jr. Published 2 years ago Updated 2 years ago
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nine months

What happens to my survivor benefits if I get married?

In almost all instances, getting married will end a recipient child’s survivor benefits, even if the child still qualifies based on age or disability. Surviving stepchildren, grandchildren, step-grandchildren and adopted children also might qualify for survivor benefits, subject to the rules above.

How long do you have to be married to get benefits?

In most circumstances, you must be married to the deceased person for at least nine months to qualify for widow’s benefits based on your spouse's Social Security benefits.

How long do survivor benefits last?

How long survivor benefits last depends on who is getting them. Most recipients of survivor benefits — 65 percent of them as of September 2021 — are older surviving spouses or surviving divorced spouses of deceased workers.

Can a spouse get survivor benefits at age 60?

Generally, spouses and ex-spouses become eligible for survivor benefits at age 60 — 50 if they are disabled — provided they do not remarry before that age. These benefits are payable for life unless the spouse begins collecting a retirement benefit that is greater than the survivor benefit.

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Do you have to be married 10 consecutive years to collect Social Security?

The following requirements also apply to your divorced spouse if your ex-spouse's eligibility for benefits is based on your work. If you're divorced, you can receive benefits based on your ex-spouse's work if: • Your marriage lasted 10 years or longer. You're unmarried. You're age 62 or older.

Who is eligible for Social Security survivor benefits?

A widow or widower age 60 or older (age 50 or older if they have a disability). A surviving divorced spouse, under certain circumstances. A widow or widower at any age who is caring for the deceased's child who is under age 16 or has a disability and receiving child's benefits.

Does second wife get husband Social Security?

If you remarry after age 60, you can still receive survivors benefits based on your former spouse's record. However, if your new spouse is also collecting Social Security benefits and you would receive a higher amount based on the new spouse's work record, you will receive the higher amount.

What are the rules for survivor benefits?

To be eligible for survivor benefits the child must be under 18 (or up to 19 and 2 months if they are still in high school full time) or have a disability dating from before they turned 22. Stepchildren and grandchildren may also qualify. In all cases, children must be unmarried to collect survivor benefits.

When my husband dies do I get his Social Security and mine?

Social Security will not combine a late spouse's benefit and your own and pay you both. When you are eligible for two benefits, such as a survivor benefit and a retirement payment, Social Security doesn't add them together but rather pays you the higher of the two amounts.

What is the difference between spousal benefits and survivor benefits?

Spousal benefits are based on a living spouse or ex-spouse's work history. Survivor benefits are based on a deceased spouse or ex-spouse's work history. The maximum spousal benefit is 50% of the worker's full retirement age (FRA) benefit.

Can ex wife get survivor benefits?

Can I collect Social Security survivor benefits when my ex-spouse dies? You qualify for survivor benefits on the work record of a late ex-husband or ex-wife if: The marriage lasted at least 10 years.

Can ex wife collect Social Security if she remarries?

Can I collect Social Security as a divorced spouse if my ex-spouse remarries? Yes. When it comes to ex-spouse benefits, Social Security doesn't care about the marital status of your former spouse; it only cares about your marital status.

Can an ex wife and current wife collect deceased husband's Social Security?

Anyone who was married to a Social Security beneficiary can potentially receive survivor benefits on the death of that person. That includes divorced former spouses as well as the deceased's husband or wife at the time of death.

Can you be denied survivor benefits?

If a person's application for Social Security Survivor Benefits is denied, the person can appeal the denial. A person has 60 days after they receive a notice of decision on their case from the SSA to ask for an appeal.

What benefits can you get when your husband dies?

As previously noted, if you have reached full retirement age, you get 100 percent of the benefit your spouse was (or would have been) collecting. If you claim survivor benefits between age 60 and your full retirement age, you will receive between 71.5 percent and 99 percent of the deceased's benefit.

How much does Social Security pay for a deceased spouse?

First, Social Security pays a death benefit of $255 if the surviving spouse lived with the deceased spouse. 3 This payment is made only once. More important is the monthly income. At a basic level, the monthly amount depends on the earnings of the deceased spouse over their whole life.

How does a Social Security statement work?

Each person’s Social Security statement provides an estimate of survivor’s benefits. The amount you can get will vary from couple to couple. But knowing how these payments can look will help you estimate how much you may be able to claim.

Is it hard to get Social Security after losing a spouse?

The loss of a spouse is painful. It can be even harder when you have to make tough choices about money soon after. Whether and when to take Social Security is one of those choices. The rules for getting Social Security survivor benefits depend on a number of factors.

Can you get a higher survivor benefit if you haven't started?

If you haven't started getting benefits yet, waiting longer will help both of you get a higher benefit. This includes the survivor benefit once one of you passes away. You can get the most out of the survivor benefit by having the spouse who earns more wait until age 70 to begin collecting.

How long can a child of a deceased parent collect a survivor benefit?

Regarding your husband's daughter collecting a survivor benefit from him: a surviving minor child of the deceased can collect a survivor benefit until they are 18 (or 19 if still in high school). An adult disabled child who was disabled before age 22, is also eligible to collect a survivor benefit from a deceased parent.

What is the Social Security earnings test for 2021?

For 2021, the annual earnings limit is $18,960 and if you earn more than that they will take away benefits equal to $1 for every $2 you are over the limit.

Can you collect survivor benefits if you work full time?

As you can see from this example, if you work full time but do not significantly exceed the annual earnings limit, you may be able to collect at least some of your survivor benefits, but I cannot answer that without knowing your annual earnings and approximately what your survivor benefit would be.

How long do you have to be married to receive widow benefits?

In most circumstances, you must be married to the deceased person for at least nine months to qualify for widow’s benefits based on your spouse's Social Security benefits. The Social Security Administration waives the nine-month requirement if you’re the parent of the deceased worker’s biological child, you adopted your spouse’s child while you were married, or he adopted your child. Additionally, if deceased spouse’s death was accidental, not caused by a medical issue, you can qualify for survivor benefits immediately.

How long do you have to be married to get Social Security?

Other Circumstances. A few less common exceptions to the Social Security Administration’s nine-month marriage requirement may also apply to some widowers. If you were previously married to your spouse, were divorced and then remarried, you may qualify as long as your original marriage lasted at least nine months.

How long do you have to wait to claim Social Security if you have a deceased spouse?

If you claim a deceased spouse’s Social Security benefits as a survivor, you’re generally entitled to all of her benefit if you wait until you reach retirement age. Retirement age is 67 for anyone born in 1960 or later, and between 65 and 67 for those born earlier, depending upon the year you were born. You may retire as early as age 62 and claim early benefits, but the amount of your benefit may be reduced as much as 29 percent if you claim early. The longer you wait to claim the benefit, the more you’ll receive, until you reach retirement age, at which time you’re entitled the full benefit.

How long do you have to wait to receive Social Security if you die?

If the eligible surviving spouse or child is not currently receiving benefits, they must apply for this payment within two years of the date of death. For more information about this lump-sum payment, contact your local Social Security office or call 1-800-772-1213 ( TTY 1-800-325-0778 ).

How much can a family member receive per month?

The limit varies, but it is generally equal to between 150 and 180 percent of the basic benefit rate.

What percentage of a widow's benefit is a widow?

Widow or widower, full retirement age or older — 100 percent of the deceased worker's benefit amount. Widow or widower, age 60 — full retirement age — 71½ to 99 percent of the deceased worker's basic amount. A child under age 18 (19 if still in elementary or secondary school) or disabled — 75 percent.

Can I apply for survivors benefits now?

You can apply for retirement or survivors benefits now and switch to the other (higher) benefit later. For those already receiving retirement benefits, you can only apply for benefits as a widow or widower if the retirement benefit you receive is less than the benefits you would receive as a survivor.

When can I switch to my own Social Security?

If you qualify for retirement benefits on your own record, you can switch to your own retirement benefit as early as age 62 .

Can a widow get a divorce if she dies?

If you are the divorced spouse of a worker who dies, you could get benefits the same as a widow or widower, provided that your marriage lasted 10 years or more. Benefits paid to you as a surviving divorced spouse won't affect the benefit amount for other survivors getting benefits on the worker's record.

Can a minor receive Social Security?

Minor Or Disabled Child. If you are the unmarried child under 18 (up to age 19 if attending elementary or secondary school full time) of a worker who dies, you can be eligible to receive Social Security survivors benefits. And you can get benefits at any age if you were disabled before age 22 and remain disabled.

How long do you have to be married to receive spouse benefits?

En español | To receive a spouse benefit, you generally must have been married for at least one continuous year to the retired or disabled worker on whose earnings record you are claiming benefits. There are narrow exceptions to the one-year rule.

How old do you have to be to get a spouse's benefits?

In most cases you must be at least 62 to get a spouse benefit, but you may qualify if you are younger and caring for a child who is under 16 or disabled and eligible for family benefits on your spouse's record.

What is the maximum spouse benefit?

The maximum spouse benefit is 50 percent of your mate's full retirement benefit. You get that if you claim the spouse benefit at your full retirement age (currently 66 and 2 months and gradually rising over the next several years to 67). Spouse benefits are reduced if claimed earlier. Updated June 3, 2021.

When do spouses get survivor benefits?

Generally, spouses and ex-spouses become eligible for survivor benefits at age 60 — 50 if they are disabled — provided they do not remarry before that age. These benefits are payable for life unless the spouse begins collecting a retirement benefit that is greater than the survivor benefit.

Who is eligible for survivor benefits in 2021?

Most recipients of survivor benefits — two-thirds of them as of May 2021 — are the surviving spouses or surviving divorced spouses of deceased workers. Generally, spouses and ex-spouses become eligible for survivor benefits at age 60 — 50 if they are disabled — provided they do not remarry before that age. ...

Do Social Security benefits have to be paid for life?

These benefits are payable for life unless the spouse begins collecting a retirement benefit that is greater than the survivor benefit. Beneficiaries entitled to two types of Social Security payments receive the higher of the two amounts.

When do child benefits stop?

Generally, benefits for surviving children stop when a child turns 18. Benefits can continue to as late as age 19 and 2 months if the child is a full-time student in elementary or secondary education or with no age limit if the child became disabled before age 22.

Can a child get survivor benefits if they get married?

In almost all instances, getting married will end a recipient child’s survivor benefits, even if the child still qualifies based on age. Surviving stepchildren, grandchildren, step-grandchildren and adopted children also might qualify for survivor benefits, subject to the rules above.

Who can receive Social Security benefits?

Social Security can pay what it calls “mother’s or father’s insurance benefits” to surviving spouses and ex-spouses of any age if they are caring for children or dependent grandchildren of a deceased worker who are younger than 16 or disabled.

Can a parent receive survivor benefits?

Parents. Parents of a deceased worker can receive survivor benefits, singularly or as a couple, if they are 62 or older and the worker was providing at least half of their support. As with widows and widowers, these benefits are payable for life unless the parent remarries or starts collecting a retirement benefit that exceeds the survivor benefit.

How long do you have to be married to receive a survivor benefit?

For your spouse to receive the benefit, he or she must have been married to you for at least nine months before your death , or be the parent of your child born to the marriage if less than nine months, or your death must be accidental. You can provide a full survivor benefit, or a partial annuity.

How many reductions to retirement check?

Because you’ve already been receiving your retirement benefit, there will be two reductions to your retirement check, rather than one. The first will be the standard deduction, and will depend upon whether you choose the full survivor annuity or the partial annuity.

Can a spouse waive a survivor benefit?

The law required companies to change their retirement plans to make the survivor benefit option the ‘default’ option, and required the spouse to waive their right to a survivor benefit in writing if the employee was requesting that the benefit not be provided or was requesting it to be reduced.

How long do you have to be married to get a survivor pension?

You can qualify for a survivor pension -- AKA the death pension -- without having been married for a year. However, your spouse must have served a full two years of active duty with at least one day during a war. The biggest requirement is financial: your income must be below levels set by the government. So must your net worth, including bank accounts and investments. You're eligible at any age if you meet the qualifications. Children under 18, disabled or attending college may qualify for an additional payment.

How many months of GI Bill benefits are there?

Some beneficiaries might be eligible for 81 months of GI Bill benefits if they are eligible for more than one education benefit. These benefits cover college educations, certificate programs, apprenticeships and on-the-job training. Correspondence courses are covered as well.

Do you have to be married to a veteran to receive benefits?

Do You Have to Be Married a Year to a Veteran in Order to Receive Benefits? If you're a veterans' widow or widower, you're entitled to survivor benefits. For the most part, the qualifications don't include how long you were married.

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How Survivors’ Benefits Typically Work

  • Normally, you can qualify for a survivors’ benefit as the surviving spouse beginning at age 60. If you are the surviving spouse and also disabled, you may qualify for benefits starting at 50. Surviving spouses of any age who care for the deceased’s child who is under the age of 16 (or a…
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The Exceptions to The 9 Month Duration of Marriage Requirement

  • The usual length of marriage requirement is straightforward: if your legal union lasted at least 9 months before your spouse passed, you probably qualify for survivors’ benefits. If your marriage did not last that long, that doesn’t mean you can’t receive survivors’ benefits. But you do need to meet one of the exceptions to this length of marriage requirement. These exceptions include sit…
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Next Steps For Answers

  • If you still have questions, you could leave a comment below, but what may be an even greater help is to join myFREE Facebook members group. It’s very active and has some really smart people who love to answer any questions you may have about Social Security. From time to time I’ll even drop in to add my thoughts, too. You should also visit Jim Blankenship’s fantastic websit…
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