What widow and widower benefits are, and who receives them

If your spouse worked long enough under Social Security and has died, you may receive a monthly benefit based on their earnings record. This is called a widow's or widower's benefit, and it is separate from any benefit you might receive on your own work record. The amount you receive depends on your age when you start, your spouse's Primary Insurance Amount (PIA), and whether you are caring for a child under 16.

Social Security pays widow and widower benefits to people who meet specific conditions about age, marriage length, and the worker's covered employment. You do not have to be retired yourself to receive this benefit. The payment comes from the same trust fund that pays retirement and disability benefits, and it is based entirely on what your deceased spouse earned and paid into Social Security.

The key difference between widow benefits and your own retirement benefit is the source: one is based on your spouse's work history, the other on yours. You can receive only one at a time, though Social Security will calculate both and pay you the larger amount.

Key Takeaways

  • Widow and widower benefits are paid at different rates depending on your age: full rate at your full retirement age, reduced rates if you claim earlier, and higher rates if you delay past full retirement age.
  • You must have been married to the worker for at least nine months before their death, unless you are caring for their child under 16 or the death was accidental.
  • The maximum widow benefit is typically 75 to 100 percent of what your deceased spouse was receiving or would have received at their full retirement age.
  • If you remarry before age 60, you lose may be able to access for benefits on your deceased spouse's record, though you may regain it if that marriage ends.
  • You can receive widow benefits and work at the same time, but earnings above a certain limit will reduce your payment until you reach your full retirement age.

Age requirements and the reduction for claiming early

You can claim widow or widower benefits as early as age 60, but the amount you receive will be permanently reduced. At age 60, the benefit is roughly 71 to 72 percent of your spouse's Primary Insurance Amount. The longer you wait, the higher your monthly payment becomes, until you reach your full retirement age.

Your full retirement age for widow benefits depends on your birth year. For people born in 1945 or later, full retirement age ranges from 66 to 67. If you wait until your full retirement age, you receive 100 percent of your spouse's PIA (or close to it, depending on when they claimed). If you delay claiming past your full retirement age, your benefit does not increase further—unlike retirement benefits, which grow until age 70.

There is one exception: if you are caring for your deceased spouse's child who is under 16, you can claim at any age without a reduction. This benefit is sometimes called a "caregiver benefit," and it pays 75 percent of the worker's PIA regardless of your age.

The nine-month marriage requirement and exceptions

Social Security requires that you were married to the worker for at least nine months before their death. This rule exists to prevent people from marrying someone who is terminally ill solely to claim survivor benefits. However, the rule has important exceptions.

You do not need to meet the nine-month requirement if you are caring for the worker's child under 16, or if the worker's death was accidental (for example, a car crash or workplace injury). You also do not need to meet it if you were married to the worker before, divorced, and then remarried them—Social Security counts the total time of all marriages to that person.

If you do not meet the nine-month requirement and none of the exceptions explore, you are not may have access to to widow benefits. Social Security will not waive this rule, and there is no appeal process that can override it.

How remarriage affects your widow benefits

If you remarry before age 60, you lose the right to receive benefits on your deceased spouse's record. This is true even if you remarry and then divorce again—the remarriage itself ends your entitlement. If you remarry at age 60 or later, you keep your widow benefits and they are not affected.

If you remarried before 60 and that marriage has since ended (by death, divorce, or annulment), you may regain your widow benefits on your deceased spouse's record. You will need to report the end of the remarriage to Social Security and provide proof, such as a divorce decree or death certificate. Your benefit will restart from the month you become may be able to access again, though Social Security cannot pay you for months that have already passed.

This rule applies only to widow and widower benefits. If you are receiving benefits on your own work record, remarriage does not affect them at any age.

How your spouse's age at death affects your benefit amount

The amount you receive as a widow or widower depends partly on whether your spouse had started claiming Social Security before they died. If they had already claimed and were receiving retirement benefits, your widow benefit is based on the amount they were receiving. If they had not yet claimed, your benefit is based on what they would have received at their full retirement age.

If your spouse died before reaching full retirement age, their Primary Insurance Amount is calculated as if they had lived to that age. This means your widow benefit may be higher than what they would have received if they had claimed early. Conversely, if your spouse had delayed claiming past their full retirement age and then died, you receive the higher amount they had earned by delaying.

Social Security will send you a letter showing how your benefit was calculated. If you believe the calculation is wrong, you can request a detailed explanation from your local Social Security office or call 1-800-772-1213.

Widow benefits and your own retirement benefit

You are may have access to to both a widow benefit (based on your spouse's record) and a retirement benefit (based on your own work record). Social Security calculates both amounts and pays you whichever is larger. You cannot receive both at the same time, and you cannot choose which one to take.

If you claim widow benefits before your full retirement age, Social Security will not automatically switch you to your own retirement benefit later, even if your own benefit becomes larger. You must contact Social Security and ask to change your claim. This is an important step if your own benefit grows significantly due to delayed claiming or a recent earnings increase.

If you have not yet reached full retirement age and you are receiving widow benefits, you can still earn income from work. However, if your earnings exceed a certain limit (which changes yearly), your benefit will be reduced by $1 for every $2 you earn above that limit. Once you reach your full retirement age, the earnings limit no longer applies.

How to report a death and start receiving widow benefits

To claim widow or widower benefits, you must first report your spouse's death to Social Security. You can do this by calling 1-800-772-1213, visiting your local Social Security office, or going online to ssa.gov. You will need to provide your spouse's Social Security number, the date of death, and a death certificate.

Social Security will ask you questions about your marriage, your age, whether you are caring for any children, and your work history. Have your spouse's Social Security card and your own identification ready. If you are explore in person, bring the original or certified copy of the death certificate—a photocopy usually is not accepted.

After you report the death, Social Security will determine whether you are may have access to to widow benefits and calculate the amount. The process typically takes two to four weeks. You will receive a letter explaining your benefit amount and your first payment date. If you disagree with the decision, you have the right to request reconsideration within 60 days.

Frequently Asked Questions

Can I receive widow benefits if my spouse and I were not legally married?

No. Social Security requires a legal marriage. However, if you were in a common-law marriage that was valid in the state where it began, Social Security may recognize it. You will need to provide proof, such as a court order or a statement from a state official confirming the marriage was valid. Each case is reviewed individually.

What happens to my widow benefits if I go back to work?

If you are under your full retirement age, earnings above the annual limit will reduce your benefit. For 2024, the limit is $23,400 per year. If you earn more, your benefit is reduced by $1 for every $2 above the limit. Once you reach full retirement age, you can earn any amount without losing benefits.

Can I claim widow benefits and delay my own retirement benefit?

Yes. You can claim widow benefits at any age you are may have access to to them, and your own retirement benefit will continue to grow if you have not yet claimed it. When you eventually claim your own benefit, Social Security will pay you whichever is larger. However, if you claim your own benefit first, you cannot later switch to a widow benefit.

What if my spouse had not worked long enough to be covered by Social Security?

Your spouse must have earned at least 40 Social Security credits to have a record that supports widow benefits. Credits are earned by paying Social Security taxes on wages or self-employment income. If your spouse did not meet this requirement, you are not may have access to to widow benefits. You can check your spouse's record by contacting Social Security or creating an account at ssa.gov.

Do widow benefits count as income for tax purposes?

Widow benefits may be taxable depending on your total income. If your combined income (adjusted gross income plus nontaxable interest plus half your Social Security benefits) exceeds certain thresholds, up to 85 percent of your benefits may be subject to federal income tax. State taxes vary. Consult a tax professional or contact the IRS for your specific situation.