A new government Social Security rule now divides grieving families – divorced spouses can still collect benefits, but only if they meet this 1 condition

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In addition to retiree benefits and disability benefits, the Social Security Administration (SSA) also issues benefits to the surviving spouse of a deceased beneficiary. Losing a spouse is without doubt one of the most difficult facets of live to navigate and as such, the Social Security program exists as a means of relieving some of the pressure from the grieving family, at least in a financial sense. If the deceased had made monthly contributions towards the dedicated Social Security payroll tax during their working career prior to their death, the surviving spouse, child, or dependent of the decease will become eligible for survivor benefits from the SSA. Here is how it works.

What are survivor benefits?

In essence, survivor benefits are monthly payments issued to the surviving family members of a deceased individual who had made contributions to the Social Security payroll tax prior to their death. If eligible, the surviving spouse will receive a monthly benefit. In certain cases, the surviving spouse will also qualify for Medicare coverage, however, this is largely dependent on the work history of the deceased. According to the SSA, spouses and ex-spouses are eligible for survivor benefits if they:

  • Are age 60 or older, or age 50–59 if you have a disability, and
  • Were married for at least 9 months before your spouse’s death, and
  • Didn’t remarry before age 60 (age 50 if you have a disability).

In certain cases, ex-spouses will also be eligible, provided that the deceased and the ex-spouse had been married for at least ten years. Valid non-marital legal relationships may also be eligible.

Additionally, children of the deceased will become eligible for survivor benefits if they are unmarried and are:

  • Age 17 and younger, or
  • Ages 18–19 and in school (K–12) full time, or
  • Any age if they developed a disability at age 21 or younger.

The SSA also notes that “adult children who have a disability that started before their 22nd birthday may be eligible if their parent has died.” Furthermore, ” if you are age 62 or older and were financially supported by your child who died,” you may be eligible as well.

Survivor lump sum payment

In addition to receiving benefits, the surviving spouse (or some minor children) may also receive a once off, lump sum payment of $255 from the SSA. It is advised that they contact the agency as soon as possible to discuss the lump sum payment.

“A lump-sum death payment may be made on the Social Security record of a worker who dies either fully or currently insured. The lump-sum is a one-time payment of $255 (see $700 for an exception). It is paid in addition to any monthly survivors insurance benefits that are due,” the SSA explains.

How much will you receive in benefits?

Much like how retiree benefits increase the longer you delay your claim, survivor benefits also increase the longer you wait to apply. Survivor benefits begin at 71.5% of the deceased’s benefit but can increase as outlined below:

  • Over 75% at age 61.
  • Over 80% at age 63.
  • Over 90% at age 65.

Furthermore, once you reach the full retirement age for survivor benefits, you become eligible for up to 100% of the benefit. The full retirement age for survivor benefits is between age 66 and age 67. It is also important to note that the full retirement age for survivor benefits will not necessarily coincide with the full retirement age for retiree benefits.

Earnings limit

A surviving spouse may be eligible for survivor benefits even if they are still currently working. In these cases, the surviving spouse may be subject to an earnings limit, however, this will only apply if the surviving spouse has not yet reached full retirement age. In 2025, the full retirement age is currently 66 years and ten months.

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