Can a Surviving Spouse Draw Social Security Based on the Deceased Spouse?
Social Security is more than just a retirement benefit. If one spouse dies, the surviving spouse may be able to draw Social Security based on the deceased spouse’s record. The surviving spouse must meet minimum age guidelines, and the deceased spouse must have earned enough credits to qualify his spouse for this benefit.
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Credits
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When you work and pay into Social Security, you earn credits. Credits are based on how much you earn, and you can earn up to four credits per year. In 2011, Social Security assigns you one credit for every $1,120 you earn. For a surviving spouse to receive benefits based on a deceased spouse’s record, the deceased spouse will need to meet Social Security’s minimum required credits. The minimum needed varies by age, and the maximum required won’t exceed 40 credits.
Age Requirements
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A surviving spouse can start receiving survivor benefits at age 60 or as early as age 50 if the surviving spouse is disabled. To qualify for disability-based survivor benefits, the surviving spouse must meet Social Security’s definition of disability. Social Security defines disability as being completely unable to work and that the disabling condition will last one year or more or end in death.
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Divorce
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A divorced spouse may be entitled to a deceased ex-spouse’s benefits if the two were married for at least ten years and the surviving spouse has not remarried. The surviving spouse also must meet the age requirements. If the surviving spouse remarries before age 60 -- or age 50 if disabled, she is no longer entitled to survivor benefits unless the remarriage ends.
Children
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If there are surviving children age 16 or younger, the surviving spouse is entitled to survivor benefits regardless of her age. These benefits last until the children are age 17. If the surviving spouse has a child receiving Social Security disability benefits, the surviving spouse is entitled to survivor’s benefits regardless of her age. When there are children involved, the minimum required credits are lower; the deceased spouse needs to have earned six credits in the three years immediately preceding death.
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References
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