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Social Security family benefits
Last updated: 27 September 2026
GrantsForSeniors.org is an independent information site. We do not make Social Security decisions. SSA decides whether a person qualifies and how much is payable. For a broader introduction first, see our Social Security overview.
Bottom Line
If the worker is alive, ask about spouse or divorced-spouse benefits. If the worker died, ask about survivor benefits. A current spouse usually needs at least one year of marriage for a living-spouse benefit, while an ex-spouse usually needs a 10-year marriage. For a current widow or widower, the usual survivor marriage rule is nine months, with important exceptions. Do not assume one record is best. Ask SSA to compare every benefit available to you before choosing a start date.
Start Here
- If a spouse just died: Call SSA at 1-800-772-1213 or TTY 1-800-325-0778. SSA says survivor claims cannot be filed online. Ask about monthly survivor benefits and the one-time $255 death payment.
- If an ex-spouse is living: Write down the marriage and divorce dates. A 10-year marriage is a central rule, and a separate two-year divorce rule can matter when the ex-spouse is age 62 or older but has not filed.
- If you have your own work record: Ask SSA to compare your own retirement benefit with the spouse, divorced-spouse, or survivor amount. For more background on the basic choices, see our Social Security basics.
Quick Comparison
| Situation | Benefit path | Common age rule | Common marriage rule |
|---|---|---|---|
| Your spouse is living and entitled to retirement or disability benefits | Current spouse benefit | Usually age 62+, or any age with a qualifying child in care | Usually at least 1 year |
| Your ex-spouse is living | Divorced-spouse benefit | Usually age 62+ | Usually at least 10 years |
| Your spouse died | Surviving spouse benefit | Usually 60+, or 50–59 with a qualifying disability; child-in-care rules can apply at any age | Usually at least 9 months, with exceptions |
| Your ex-spouse died | Surviving divorced-spouse benefit | Usually 60+, or 50–59 with a qualifying disability; a child-in-care route may apply | Usually at least 10 years for age-based survivor benefits |
These are common rules, not a complete eligibility test. Parent-child relationships, disability timing, prior benefits, remarriage, and other facts can create exceptions.
What Has Changed
On July 28, 2026, SSA reported expanded survivor phone routing and a dedicated trained-agent queue. It says the change has helped many survivors avoid an office visit. The filing rule itself has not changed: monthly survivor benefits still cannot be applied for online. The main spouse, divorce, and survivor rules reviewed for this update remain in effect.
Spouse Benefits While Your Spouse Is Living
A spouse benefit is based on the work record of a living husband or wife who is entitled to Social Security retirement or disability benefits. SSA’s family eligibility rules say a spouse may qualify at age 62 or older. A spouse may also qualify at any age while caring for a child who is under 16 or has a disability and is entitled on the worker’s record.
The usual marriage-duration rule is one year. SSA’s marriage requirements explain important exceptions. For example, the one-year rule does not apply if you are the parent of your spouse’s child. Certain prior Social Security or Railroad Retirement entitlements can also create an exception.
The maximum spouse benefit at full retirement age is generally 50% of the worker’s primary insurance amount, or PIA. A spouse benefit does not keep growing after the spouse reaches full retirement age. Delaying the worker’s own retirement does not raise the living spouse benefit above that normal maximum.
Reality check: Delaying can still matter for a couple. The worker’s delayed retirement credits can raise a later survivor benefit if the higher earner dies first. Our maximize Social Security guide explains why the higher earner’s claiming age may matter to the household.
Divorced-Spouse Benefits While Your Ex Is Living
Divorce does not always end Social Security family-benefit rights. Under the federal divorced-spouse rule, you generally must have been married to the worker for at least 10 years, be age 62 or older, and be unmarried. Your own retirement or disability benefit also matters when SSA calculates whether an additional divorced-spouse amount is payable.
Your ex-spouse does not have to approve the claim. Benefits paid to a divorced spouse also do not reduce the worker’s or family members’ benefits. If you lack the ex-spouse’s Social Security number, SSA can often use other identifying information and your marriage records.
A special rule can help when your ex-spouse is eligible for retirement but has not filed. If both of you are at least 62 and the divorce has been final for at least two continuous years, you may be independently entitled if the other conditions are met.
SSA’s prior marriage guidance also explains that two marriages to the same person may sometimes be combined for the 10-year duration test if the remarriage occurred no later than the calendar year after the divorce year.
If your ex-spouse has died, stop using the living-ex rules. The claim becomes a survivor issue. Our widow and divorce guide goes deeper into survivor choices after divorce.
Survivor Benefits After a Spouse or Ex-Spouse Dies
SSA’s survivor eligibility page says a widow or widower may qualify at age 60 or older, or at ages 50–59 if they have a qualifying disability. Disability survivor claims have extra timing rules about when the disability began, so a person under 60 should ask SSA to check the disability requirements rather than relying only on age.
A child-in-care survivor route can apply at any age when caring for the deceased worker’s entitled child who is under 16 or has a disability. A surviving divorced parent may also have this route without the usual 10-year marriage test. Ask SSA which survivor category fits your facts.
For a current widow or widower, the usual duration rule is nine months of marriage immediately before the worker’s death. The federal widow eligibility rule lists exceptions. They include some accidental deaths, line-of-duty deaths in uniformed service, certain remarriages to the same worker, and some cases where the surviving spouse is the parent of the worker’s child.
A surviving divorced spouse seeking age-based survivor benefits usually needs a marriage that lasted at least 10 years. The common starting age is 60, or 50 if disabled and the disability rules are met. The ex-spouse’s remarriage does not erase your potential survivor claim.
After a death: SSA’s current survivor filing guidance says to call 1-800-772-1213. You cannot file a monthly survivor claim online. If you already receive spouse benefits, SSA may convert them to survivor benefits automatically, but you should still call about the one-time death payment and whether another filing choice would pay more.
The one-time lump-sum death payment is $255 for a qualifying spouse or child. SSA says it must be requested within two years of the worker’s death. See the official death payment rules.
SSA says no retirement payment is due for the month of death; a payment received for that month must be returned. See SSA’s beneficiary guidance.
How Amounts and Timing Work
Spouse and divorced-spouse benefits can be as much as 50% of the worker’s PIA at the spouse’s full retirement age. Starting earlier can permanently reduce the spouse amount. SSA’s spouse benefit calculator shows that a spouse whose full retirement age is 67 can receive as little as 32.5% of the worker’s PIA by starting at 62.
Survivor benefits use a different schedule. SSA’s survivor amount guide says a spouse or ex-spouse survivor payment can start at 71.5% and rise to as much as 100% at the survivor full retirement age. SSA has a separate survivor FRA tool because survivor full retirement age is not always the same as retirement full retirement age.
Waiting beyond full retirement age does not increase a spouse or survivor benefit. Your own retirement benefit is different and can grow with delayed retirement credits until age 70. Some survivors can therefore take one benefit first and switch later.
| Rule | What it means | What to do |
|---|---|---|
| No two full checks | If you qualify on your own record and another record, SSA generally pays the higher total amount rather than adding two full benefits. | Ask for a comparison before filing. |
| Deemed filing | For people born January 2, 1954 or later, filing for retirement or spouse benefits generally means filing for both when eligible. | Do not plan on taking only a spouse benefit while your own retirement grows. |
| Survivor flexibility | Deemed filing does not apply to survivor benefits. | Ask whether taking survivor first or retirement first could produce a better long-term result. |
| Work before full age | In 2026, earnings above $24,480 can reduce benefits if you are under full retirement age all year. A $65,160 limit applies in the year you reach full retirement age, only for earnings before that month. | Report expected earnings and ask how the test applies to your start month. |
SSA’s deemed filing rules confirm that survivor benefits are an exception. SSA’s 2026 earnings limits confirm the $24,480 and $65,160 thresholds. After you reach full retirement age, the retirement earnings test no longer withholds benefits because of earnings.
If you are considering an early start, read our early retirement penalty guide before choosing a filing month.
Public Pensions No Longer Trigger WEP or GPO
The Social Security Fairness Act repealed the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). SSA’s Fairness Act update says December 2023 was the last month those reductions applied. They no longer reduce benefits payable for January 2024 and later.
This can matter for workers with pensions from jobs that did not pay Social Security taxes. It does not mean every public worker gets an increase. If an old estimate used WEP or GPO, ask SSA to review your current record.
How Remarriage Can Change Eligibility
Remarriage rules depend on the type of benefit. For a divorced-spouse benefit on a living ex-spouse, you generally must be unmarried. A new marriage usually blocks that benefit while the new marriage continues.
Survivor rules are different. A widow, widower, or surviving divorced spouse who remarries after age 60 can generally still qualify on the prior deceased spouse’s record. For a disabled survivor, special rules can protect a remarriage after age 50 when the disability requirements are met. Remarriage before those ages can stop survivor eligibility while the later marriage continues, although entitlement may return if that marriage ends.
Do not use one remarriage rule for every claim. Tell SSA the exact age when you remarried, whether the prior worker is living or deceased, and whether disability or child-in-care rules apply.
How to Start Without Wasting Time
- List every marriage. Write down each spouse or ex-spouse’s full name, date of birth, marriage date, divorce date, and death date if applicable.
- Check your own record. Sign in to my Social Security to review your earnings record and retirement estimate.
- Call out the claim type. Tell SSA whether the other person is living or deceased. This prevents a divorced-spouse question from being handled as a survivor question, or the reverse.
- Ask for comparisons. Ask which benefit can start now, which may grow, and whether you can switch later.
- Keep notes. Record the date, the office or phone call, what you were told, and any documents SSA still needs.
For a spouse or divorced-spouse claim, SSA says you can apply online if you are within three months of age 62 or older, or you can call or visit an office. See spouse application details. Monthly survivor claims must be handled by phone or through a Social Security office; see survivor application details.
Our Social Security application guide can help you prepare for the filing process. After approval, our manage Social Security benefits guide covers changes, records, and payment issues.
Documents and Details to Gather
Do not delay a time-sensitive claim because one paper is missing. Ask SSA what can be supplied later, but gather the main records before you call when possible.
| Bring or write down | Why it may matter |
|---|---|
| Your Social Security number and proof of age | SSA must identify your record and verify age-based rules. |
| Marriage certificate | It can prove a current spouse or survivor relationship. |
| Divorce decree | It helps establish the marriage length and divorce date. |
| Death information | A survivor claim may need proof of the worker’s death. |
| Spouse or ex-spouse identifiers | Name, birth date, birthplace, and parents’ names can help SSA locate a record. |
| Recent earnings information | Work can affect payments before full retirement age. |
| Bank information | SSA may need it for direct deposit. |
Reality Checks
- The 10-year rule is not universal. It is central to divorced-spouse and age-based surviving-divorced-spouse claims. A current widow or widower usually uses a nine-month rule, with exceptions.
- The 50% figure is a maximum. A spouse or divorced spouse who starts before full retirement age can receive less.
- The survivor percentage is not always the deceased worker’s original PIA. The worker’s own early or delayed claiming history can affect the survivor calculation.
- Working can temporarily reduce checks. The 2026 earnings test can apply before full retirement age.
- Family facts can change the category. Disability, a child in care, multiple marriages, remarriage, and a public-pension history can change which rule applies.
Common Mistakes to Avoid
- Asking only for “spouse benefits.” Tell SSA whether the spouse is living, deceased, or an ex-spouse.
- Assuming you get two full benefits. SSA generally pays the higher eligible total, not two complete checks.
- Filing early without comparing. An early spouse claim may be permanently reduced, while a survivor may have a different switching strategy.
- Assuming a new marriage has the same effect everywhere. Living-ex and survivor remarriage rules differ.
- Using old WEP/GPO information. Those reductions no longer apply to benefits payable for January 2024 and later.
- Confusing retirement with SSI. Supplemental Security Income uses income and resource rules that are separate from Social Security retirement. Our SSI for seniors guide explains the difference.
- Forgetting possible taxes. Depending on household income, some Social Security benefits can be taxable. See our Social Security tax guide.
Denied, Delayed, or Overwhelmed
If SSA denies your claim, read the notice and find the reason and appeal deadline. For many initial benefit decisions, a request for reconsideration must be filed within 60 days after you receive the notice. SSA can extend the deadline for good cause in some cases. The official reconsideration page explains how to start an appeal.
If a survivor claim is delayed, ask whether SSA has the death report, whether the claim is in the survivor queue, and whether more proof is needed. SSA’s July 2026 survivor service update says trained agents now handle a dedicated survivor-call queue.
If you are helping someone who cannot manage their Social Security money, do not assume a power of attorney is enough. Social Security uses its own representative-payee system. Our payee versus POA guide explains the difference.
Backup Options if the Benefit Is Too Small
If Social Security is not enough, other programs may help with food, Medicare costs, housing, utilities, or local services.
For local non-Social-Security help, the federal Eldercare Locator can connect older adults and caregivers with Area Agencies on Aging and nearby services.
Phone Scripts You Can Use
Compare all records
“I may qualify on my own record and on my spouse’s or ex-spouse’s record. Please compare the benefits I can receive now, what would change if I wait, and whether I can switch later.”
Living ex-spouse
“I was married to my former spouse from ___ to ___. I am age __ and currently unmarried. Please check whether I qualify for a divorced-spouse benefit and whether the two-year divorce rule matters in my case.”
After a death
“My spouse or former spouse died on ___. Please check monthly survivor benefits, the $255 lump-sum death payment, and whether my own retirement benefit gives me a better start-or-switch choice.”
Remarriage question
“I remarried at age __. The prior worker is living/deceased. Please tell me how that remarriage affects a divorced-spouse or survivor claim, including any disability rule.”
SSA’s phone contact page lists 1-800-772-1213, Monday through Friday, 8:00 a.m. to 7:00 p.m. local time. TTY users can call 1-800-325-0778.
Resumen en Español
Los beneficios de cónyuge, excónyuge y sobreviviente del Seguro Social tienen reglas diferentes. Si el trabajador vive, pregunte por beneficios de cónyuge o excónyuge. Si murió, pregunte por beneficios de sobreviviente. Un excónyuge normalmente necesita un matrimonio de 10 años. Una viuda o viudo actual normalmente usa una regla de 9 meses de matrimonio, con excepciones.
Antes de solicitar, pida al Seguro Social que compare su propio beneficio con cualquier beneficio de cónyuge, excónyuge o sobreviviente. Si hubo una muerte reciente, llame al 1-800-772-1213. Las solicitudes mensuales de sobreviviente no se presentan en línea. Si recibió una decisión negativa, revise el aviso y la fecha límite de apelación.
Frequently Asked Questions
Does a divorced spouse always need a 10-year marriage?
For the usual divorced-spouse benefit on a living ex-spouse, yes, the marriage generally must have lasted at least 10 years. Age-based surviving-divorced-spouse benefits also normally use a 10-year rule. A child-in-care survivor route can use different relationship rules.
Does a current widow need a 10-year marriage?
Usually no. A current widow or widower generally looks at a nine-month marriage rule, with exceptions for certain circumstances such as some accidental deaths and parent-child relationships.
Can I get a divorced-spouse benefit if my ex has not filed?
Possibly. If both of you are at least 62, the marriage lasted at least 10 years, and the divorce has been final for at least two continuous years, you may be able to qualify even if your ex has not filed. SSA must check the full record.
Can I receive my own benefit plus a full spouse benefit?
Usually no. If you qualify for both, SSA generally pays your own benefit first and may add an amount from the spouse record so that your total equals the higher eligible amount.
Can I apply for survivor benefits online?
No. SSA’s current guidance says monthly survivor benefits cannot be filed online. Call 1-800-772-1213 or contact a Social Security office. Spouse and divorced-spouse claims may be available online for people within three months of age 62 or older.
Does remarriage always stop survivor benefits?
No. Remarriage after age 60 generally does not prevent widow, widower, or surviving-divorced-spouse benefits on a prior deceased spouse’s record. Special rules can also protect some disabled survivors who remarry after age 50.
About This Guide
Sources: This guide uses official federal and other high-trust sources linked in the article.
Editorial note: This guide is produced under the GFS Editorial Standards using official and other high-trust sources. GFS is not affiliated with a government agency and is not a substitute for official agency guidance. Individual eligibility outcomes cannot be guaranteed.
Corrections: Despite careful verification, errors may occur. Readers may email info@grantsforseniors.org with corrections.
Disclaimer: This article is for informational purposes only and is not legal, financial, medical, tax, disability-rights, immigration, or government-agency advice. Program rules, policies, funding, and availability can change. Readers should confirm current details directly with the responsible official program before acting.
Last updated: 27 September 2026 · Next review: 27 January 2027
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