Dear Rusty: I am 79. My husband is also 79 and we both receive Social Security benefits. We were both married before, and we married each other at the age of 58. Am I to understand correctly that when either of us dies, the surviving spouse is not eligible to collect the deceased spouse’s Social Security benefits? Please correct me if I am wrong. Signed: Curious Spouse
Dear Curious Spouse: A surviving spouse only gets one benefit – either their own SS retirement amount, or their deceased spouse’s amount, whichever is more. So, the Social Security benefit that the deceased was receiving at death will be paid to the surviving spouse, replacing any smaller SS payment the survivor was already collecting. To be sure you are aware, the surviving spouse will also be eligible for a one-time lump sum death benefit of $255 (I know it isn’t much, but it should be claimed anyway).
Also, unless the surviving spouse was already receiving a spousal benefit while both partners were living, the surviving spouse will need to contact Social Security at 1-800-772-1213 (or at the local SS field office) to make an appointment to apply for their survivor benefit.
One other thing to be aware of since you were both married before: if either of you die, and your first marriage lasted at least 10 years and your ex-spouse has also died, the surviving spouse will have a choice to collect a survivor benefit from either the ex-spouse, or the most recently deceased spouse, whichever amount is more. But, again, you can only collect one benefit payment as a surviving spouse – either from your ex-spouse or from your recently deceased spouse, whichever benefit is higher.
FYI, survivor benefits are a confusing area of Social Security, so you might also find informative this article I recently published, as it goes more deeply into surviving spouse benefits (including benefits for surviving minor children and surviving adult disabled children). Read the article titled “Demystifying Social Security Survivor Benefits” at www.amacfoundation.org/demystifying-social-security-survivor-benefits/. Of course, if you have any further questions, please contact us at 1-888-750-2622, or email us at [email protected]. There is never a fee for our services.
This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained and accredited by the National Social Security Association (NSSA). NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (amacfoundation.org/programs/social-security-advisory) or email us at [email protected].
Of course the Government keeps the money they force us to pay,to begin with. So instead of working our self’s to death to leave something for our Family,we find out our dead Wife / Husband,Etc Gets robbed So they can give that money away to people who have never worked a day,or broke the law being here. Not surprised in the least.
Good to know , the GOVERNMENT HAS OUR BACKS. LOL
This article emphasizes what so many couples misunderstand about Social Security especially those in situations where they have been relying on the 2 Social Security benefits for their monthly income and have not downgraded their lifestyle spending level as much as they should. Unless the couple has an additional income source beyond Social Security benefits, the partners should have been budgeting their lifestyle spending to not be relying on expecting to receive their partner’s benefits after that partner dies. Social Security monthly benefits cannot be passed on to others like an asset but is still only available while alive.
As, a divorced person myself, I worried at first that my ex-spouse would probably be able to claim spousal benefits based on my benefits because they deliberately earned income during their working years mostly off books until I realized that because they remarried—they were limited to receiving only the difference between their own Social Security benefits and mine, provided their present partner didn’t have a higher amount, but since they were claiming disability they had already limited their benefits, but my benefits would never suffer if they were receiving spousal benefits claimed against my benefits. Plus I would be able be able to collect widows benefits if they die before me and their present spouse would only get whatever was my ex-spouse’s benefit if it was higher than their own benefit. My benefit would not be benefiting the present spouse.
Good to know. Thank you.