Widow Benefits Law And Social Security Survivor Benefits: What To Know

The emotional toll of losing a partner can be daunting and sorting out logistical and financial issues that likely will arise can seem like the last thing you want to do. Lean on your friends and family during this time for both emotional support and for assistance sorting through the paperwork necessary to make sure you are financially taken care of. The emotional side of dealing with this type of loss may take time, but understanding widow benefits law can at least help sort out the financial side of things relatively quickly.

Understanding Widow Benefits Law

Understanding widow benefits law enables you to take advantage of a number of different benefits you may be entitled to. This varies depending on your individual situation, but they may include:

●      Social Security Survivor Benefits

●      Former Spouse Employer Pension Funds

●      Workers’ Comp Death Benefits

●      Veterans’ Administration (VA) Benefits

What Are Social Security Survivor Benefits?

Social Security benefits are available for surviving spouses. When a parent or spouse passes away, these benefits are intended to help provide financial security to spouses and children they leave behind. While you may be able to access these funds, you cannot draw on them while at the same time drawing on your own Social Security. The best way to see what you are eligible for is to contact Social Security directly.

Eligibility Requirements For Widow Benefits

To give you a general idea of what you might qualify for, let’s take a look at the eligibility requirements for widow benefits. Eligibility essentially comes down to two key questions: 1. Did your deceased family member earn enough work credits to qualify for survivor benefits? 2. What is your relationship to the deceased?

Work Credits Earned

Social security benefits are earned through working and paying social security taxes while you are working. When it comes to survivor benefits and the amount of work credits needed to qualify, the numbers vary depending on how old a person is when they die. 10 years of work is equal to 40 credits and this is the maximum amount of credits that may be required for survivor benefits qualification. The minimum is 6 credits. Again, this depends on each individual situation, so be sure to contact Social Security to find out what you qualify for.

Qualifying Family Relationships And Circumstances

The other key qualification has to do with your relation to the deceased. You may qualify for survivor benefits if you are a surviving spouse of a deceased person who earned enough work credits and you are 60 years of age or older. You may also qualify if you are a surviving spouse of a disabled person and you are 50 years of age or older. Other factors include whether you are caring for a child of the deceased, if you are an unmarried child or stepchild of the deceased, if you are divorced from the deceased after 10 or more years of marriage, and a number of other factors.

How Much Can A Widow Receive In Social Security Survivor Benefits?

The amount a window may be eligible to receive in social security survivor benefits varies on a number of factors, including:

●      Full retirement age: Eligible survivors could be entitled to 100 percent of the deceased benefits.

●      60+ years old, not yet retired: Eligible survivors could be entitled to between 71.5 and 99 percent of the deceased benefits.

●      Between 50 and 59 years old and disabled: Eligible survivors could be entitled to 71.5 of the deceased benefits.

●      Caring for a child receiving Social Security benefits: Eligible survivors could be entitled to 75 of the deceased benefits.

Social Security Death Benefit: Special Lump-Sum Payment

In some cases, survivors may be entitled to a special lump-sum death payment of $255 if they have already received benefits at the time of their loved one’s death.

Widow Benefits Law FAQS

Now that you have a basic understanding of widow benefits law, let’s take a look at some frequently asked questions.

When do widow benefits end?

The timing and circumstances that dictate when a widow’s Social Security survivor benefits end is an important part of retirement planning. In general, these benefits are good until the end of the survivor’s life. However, there are some exceptions. For example, there are restrictions for divorced spouses.

When can a widow collect a partner's Social Security?

Depending on their eligibility (see above) a widow can collect their partner’s Social Security immediately upon their partner’s death.

How does divorce affect Social Security widow benefits?

Divorce is a factor that affects a widow's eligibility to receive Social Security benefits. For example, a survivor who is divorced from the deceased but was married to them for 10 years or more may be eligible.

The Bottom Line

Understanding what benefits are available to you and your partner can help ease the burden of end-of-life planning in times of tragedy. Not sure where to start? It might be a good idea to create a Rocket Money℠ account and download the app to help manage and improve your financial well-being.