Guide · Social Security

Spousal, survivor and divorced-spouse benefits, in plain terms

Most claiming mistakes I see are made by couples who planned as two individuals. Spousal and survivor benefits are where the two records interact, and where the higher earner's decision to wait pays off for the person who outlives them. Here are the rules as of 2026, sourced to Social Security.

In short

A spouse who never worked, or earned less, can receive up to 50% of the other spouse's full retirement benefit while both are alive, starting at 62 (reduced to about 32.5% if claimed at 62 with a full retirement age of 67) and reaching the full 50% at full retirement age; waiting past that adds nothing. After a spouse dies, the survivor can receive up to 100% of what the deceased was receiving, from age 60 (71.5% at 60, rising to 100% at full retirement age), and can switch between a survivor benefit and their own benefit at different times. An ex-spouse has the same rights if the marriage lasted at least 10 years and they haven't remarried (for survivor benefits, remarriage after 60 doesn't disqualify), without affecting the worker's or the new spouse's payments. Since the Social Security Fairness Act took effect in 2025, a government pension no longer reduces spousal or survivor benefits. Because the survivor benefit is based on what the higher earner was actually receiving, the higher earner's decision to wait until 70 protects the surviving spouse for life.

The three benefits at a glance

BenefitWhoEarliest ageMaximumReduced if early?
SpousalCurrent spouse, married at least 1 year; the worker must have filed62 (any age if caring for the worker's child under 16 or disabled)50% of the worker's full-retirement-age benefit, at your own full retirement ageYes: about 32.5% at 62 (FRA 67). No increase for waiting past FRA
SurvivorWidow or widower, married at least 9 months, not remarried before 6060 (50 if disabled; any age if caring for the worker's child)100% of what the worker received or was entitled to, at the survivor's full retirement ageYes: 71.5% at 60, rising monthly to 100% at FRA
Divorced spouseMarriage of 10+ years; currently unmarried (survivor: not remarried before 60)62 for spousal; 60 for survivorSame as spousal / survivorSame. The ex need not have filed if you've been divorced 2+ years

"Full retirement age" is 67 for anyone born in 1960 or later (66 to 67 for 1955–1959). The survivor full retirement age is calculated separately and can be a few months earlier. Amounts are before the earnings test, which applies below full retirement age if you're working ($24,480 in 2026).

Why the higher earner's claiming age decides the survivor's income

When one spouse dies, the household goes from two Social Security checks to one: the survivor keeps the larger of the two and loses the other. That surviving check is based on what the higher earner was actually receiving, including any delayed retirement credits. So a higher earner who claims at 62 locks a roughly 30% cut into the survivor's income for the rest of the survivor's life; one who waits to 70 locks in about 124% of the full amount. For a couple with a big earnings gap and a younger or healthier lower earner, this single decision usually outweighs every other claiming consideration, and it's the reason the "break-even age" math done for one person alone gives the wrong answer for a couple. The lower earner's own claiming age matters less: their benefit stops at the first death anyway, so claiming it earlier is often right.

Spousal benefits: the mechanics

  • 50% is a ceiling, not an addition. If your own benefit is $900 and half your spouse's full benefit is $1,300, you receive $1,300 total: your $900 plus a $400 spousal top-up. If your own benefit is $1,500, there's no spousal benefit at all.
  • Reduced for age, not increased. The spousal portion shrinks if you claim before your full retirement age (down to 32.5% of the worker's benefit at 62 when FRA is 67) and never grows past 50%, so there's no reason to delay a spousal benefit beyond full retirement age.
  • The worker must have filed. A spousal benefit on a living spouse's record can't start until that spouse has claimed their own benefit. This is the tension for couples: the higher earner waiting to 70 protects the survivor benefit but delays the spousal top-up. It's a calculation.
  • Deemed filing. For anyone born January 2, 1954 or later, filing for one benefit is filing for both; you get the higher and can't choose the order. The old "claim spousal now, own at 70" strategy is gone for this group.
  • Medicare rides along. A spouse with fewer than 40 work credits gets premium-free Part A at 65 on the worker's record, as long as the worker is at least 62.

Survivor benefits: what most people don't know

  • You can switch. Survivor and retirement benefits are two separate entitlements, and deemed filing doesn't apply. A widow can take a reduced survivor benefit at 60 and switch to her own benefit at 70 with full delayed credits, or the reverse, whichever pair of numbers is larger over a lifetime.
  • The reduction is steep at 60 (71.5%) and the earnings test applies until full retirement age, so a working widow often does better waiting.
  • Remarriage before 60 ends it; after 60 it doesn't. A common reason people delay a wedding.
  • The month of death matters. Social Security benefits are not paid for the month of death; a payment received after the death for that month has to be returned. Report the death promptly (funeral homes usually do) and apply for survivor benefits by phone or at an office; this one can't be done online.
  • $255. The lump-sum death payment, unchanged since 1954, goes to a surviving spouse living with the worker or to eligible children.

Divorced spouses

Ten years of marriage is the line. Meet it, be 62 or older and unmarried, and you can claim up to 50% of your ex-spouse's full benefit while they're alive, or up to 100% as a surviving divorced spouse after their death, on the same age rules as a current spouse. Your ex isn't told, their benefit isn't reduced, and their current spouse's isn't either; several people can draw on one record. If you've been divorced at least two years, you don't have to wait for your ex to file. Remarrying ends a divorced-spouse benefit on a living ex (it can resume if the later marriage ends); remarrying after 60 doesn't affect a surviving divorced spouse's benefit.

Public pensions: the 2025 change

Until 2025, the Government Pension Offset cut spousal and survivor benefits by two-thirds of any pension from work not covered by Social Security, which wiped out the benefit entirely for many retired New York teachers, police, firefighters and state and municipal workers, and the Windfall Elimination Provision reduced their own benefits. The Social Security Fairness Act repealed both, effective for benefits from January 2024, with the first adjusted payments in 2025. If you never applied for a spousal or survivor benefit because GPO would have zeroed it, apply now; if you were reduced, the adjustment should already have been made. This is the largest single change in claiming rules in a decade and the Capital Region, with its public workforce, has more affected households than most places.

How I help

Both spouses' Social Security statements, your marriage and (if any) divorce dates, ages, health and work plans go into one model: each of you at 62, full retirement age and 70, the spousal top-up, and the survivor benefit under each combination, with Medicare timing alongside. As a Registered Social Security Analyst I do this at no charge and sell no investment products; the filing itself you do with Social Security. Claiming age basics · Capital Region Social Security offices · Ask for a scenario.

Sources

Common questions

Short answers to what people ask before they call.

How much is the Social Security spousal benefit?

Up to 50% of your spouse's full retirement age benefit (their primary insurance amount), if you claim at your own full retirement age. Claim earlier and it's reduced: at 62, with a full retirement age of 67, you get about 32.5%. Waiting past full retirement age doesn't increase a spousal benefit. If you also qualify on your own record, Social Security pays your own benefit first and tops it up to the spousal amount if that's higher; the two are never added together. Your spouse must have filed for their own benefit before you can collect a spousal benefit on their record.

How much is the survivor benefit?

Up to 100% of what your late spouse was receiving (or was entitled to), if you claim at your full retirement age for survivors. It starts at 71.5% if you claim at 60 (50 if disabled) and rises each month you wait. If your spouse had delayed to 70, the survivor benefit includes those delayed credits; if they claimed at 62, the survivor benefit is based on that reduced amount. You must have been married at least nine months (with exceptions), and not have remarried before 60. A one-time $255 death payment also exists.

Can I claim survivor benefits first and my own later?

Yes, and it's one of the few remaining switching strategies. A widow or widower can take a reduced survivor benefit at 60 and let their own retirement benefit grow with delayed credits until 70, or take their own reduced benefit first and switch to the full survivor benefit at full retirement age, whichever pair of amounts is larger. The right order depends on the two benefit sizes; it's a calculation, not a rule of thumb.

I'm divorced. Can I collect on my ex-spouse's record?

If the marriage lasted at least 10 years, you're 62 or older and currently unmarried, yes: up to 50% of your ex's full benefit while they're alive, and up to 100% as a surviving divorced spouse after their death (remarriage after 60 doesn't disqualify you from survivor benefits). If you've been divorced at least two years, your ex doesn't need to have filed yet. Your claim doesn't reduce their benefit or their current spouse's, and they aren't notified.

Does a government pension still reduce my spousal or survivor benefit?

No. The Government Pension Offset (and the Windfall Elimination Provision for your own benefit) were repealed by the Social Security Fairness Act, signed January 5, 2025 and effective for benefits from January 2024. Retired New York teachers, state and municipal employees with pensions from non-covered work now receive full spousal and survivor benefits. If you were denied or reduced under GPO before 2025, Social Security recalculated and paid the difference; if you never applied because of GPO, apply now.

Can I take spousal benefits now and switch to my own at 70?

Not anymore, for most people. Since the 2015 law change, anyone born on or after January 2, 1954 who files for either benefit is deemed to have filed for both, and gets the higher. The 'file and suspend' and 'restricted application' strategies are gone. The switching that remains is for survivors and, in some cases, for people caring for a child.

Two records, one plan

Both my Social Security statements, your marriage dates, and whether either of you is still working. I model spousal, survivor and your own benefits together as a Registered Social Security Analyst; no fee, no products.