Survivors Benefits: Death and Divorce

The loss of the family member is devastating, emotionally and financially. Social Security can help by providing income for the families of workers who die. According to Social Security, 98 of every 100 children could get benefits if a working parent dies. And Social Security pays more benefits to children than any other federal program. Many people do not realize that the value of survivors insurance under Social Security has the potential to have more value than your individual life insurance.

When you die, certain members of your family may be eligible for survivors benefits. These people include widows, widowers (and divorced widows and widowers), children and dependent parents. A widow or widower may be able to receive full benefits at full retirement age. The full retirement age for survivor is age 66 for people born in 1945-1956 and increases to age 67 for people born in 1962 or later. Of course, reduced widow or widower benefits can be received as early as age 60.  A widow or widower can receive benefits at any age if she or he takes care of the deceased’s child, who is receiving Social Security benefits, and younger than age 16 or disabled. Unmarried children who are younger than age 18 (or up to age 19 if they are attending elementary or secondary school full time) can also receive benefits. Children can receive benefits at any age if they were disabled before age 22 and remain disabled.

If you are divorced and your prior spouse of 10 years or more dies, then upon death you can collect benefits upon the prior spouse’s tax records. Your former spouse, however, does not have to meet the length-of-marriage rule if he or she is caring for the decease’s child who is younger than age 16 or who is disabled and also entitled based on the deceased’s work history. The child must be your deceased spouse’s natural or legally adopted child. Benefits paid to a surviving divorced spouse who meets the age or disability requirement as a widow or widower will not necessarily affect the benefit rates for other survivors getting benefits on the worker’s record. However, if you are the surviving divorced mother or father who has the worker’s child under age 16 or disabled in your care, your benefit will affect the amount of the benefits of others on the worker’s record.

If you have questions or feel that you are eligible to receive Social Security Disability Insurance benefits call Greeman Toomey PLLC today at (877) 332-3252 for more information