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What social security benefits do surviving spouses receive? Is My First Wife Entitled to Social Security Survivor Benefits?

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November 2, 2023 •  Emily Hicks Law, PLLC
If you pass away, your surviving spouse may be entitled to various Social Security benefits depending on various factors.

If you pass away, your surviving spouse may be entitled to various Social Security benefits, depending on their age, your work history, and the circumstances of your marriage. Here are some of the key benefits your spouse might be eligible for:

  1. Survivor's Benefits (Surviving Spouse's Benefit): If you have earned enough Social Security credits, your surviving spouse, who is at least 60 years old (or as early as age 50 if they are disabled), may be eligible to receive survivor's benefits. The amount they receive will be based on your earnings history and their age at the time of claiming the benefit.
  2. Widow's or Widower's Benefits: If your surviving spouse is at full retirement age (which varies based on their birth year), they can receive full survivor benefits. If they choose to take these benefits before reaching full retirement age, the amount may be reduced.
  3. Disabled Surviving Spouse Benefits: If your surviving spouse is disabled and the disability began before or within seven years of your death, they may be eligible to receive survivor benefits as early as age 50.
  4. Benefits for a Surviving Divorced Spouse: If your surviving spouse is a surviving divorced spouse and meets certain criteria, they may be eligible for survivor benefits based on your work record.
  5. Lump-Sum Death Payment: In addition to ongoing monthly benefits, a one-time lump-sum death payment may be available to a surviving spouse or dependent children. This payment is a flat amount and is separate from ongoing survivor benefits.

It's important to note that Social Security rules and regulations can be complex, and the exact benefits your spouse is entitled to will depend on various factors, including your work history, your spouse's age, and their individual circumstances. To determine the specific benefits available to your spouse, it's advisable to contact the Social Security Administration or consult with a Social Security expert who can provide personalized guidance based on your specific situation. Additionally, keep in mind that Social Security rules and regulations may change over time, so it's important to stay informed about the latest updates.

Also important to note, is that under certain conditions, your former spouse may be entitled to receive Social Security survivor benefits based on your work record if you pass away. The key criteria for a divorced spouse to be eligible for survivor benefits include:

  1. Duration of Marriage: The marriage must have lasted for at least 10 years.
  2. Eligible Divorcee: Your former spouse must be at least 62 years old. However, they can apply as early as age 60, but the benefit amount will be reduced.
  3. Not Remarried: To be eligible for survivor benefits based on your work record, your former spouse must not be remarried. If they remarry, they may lose eligibility for benefits.
  4. You Must Be Eligible for Social Security Benefits: For your former spouse to receive benefits, you must have earned enough Social Security credits to be eligible for benefits yourself, and you must be either receiving Social Security benefits at the time of your death or have reached the age when you could have started receiving benefits.

The amount your former spouse is entitled to as a survivor benefit will be based on your work record. These benefits do not affect the amount paid to your current spouse or any other survivors who are eligible for benefits based on your work history.

It's important to note that Social Security rules and regulations can change over time, so it's a good idea to consult with the Social Security Administration or a qualified financial advisor to get the most up-to-date and accurate information regarding survivor benefits for former spouses.

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