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If My Spouse Dies Do I Get His or Her Social Security and Mine?


Serving Rhode Island, Massachusetts, And Connecticut

Losing a spouse is overwhelming, and many people are unsure how to navigate the challenges that can arise following a major life change. Financial changes can include how Social Security works afterward. One of the most common questions is whether you can receive both your spouse’s Social Security benefits and your own. In general, the answer is no you cannot receive both your spouse’s Social Security benefits and your own. You may, however, be able to receive the survivor benefit amount assigned to your spouse instead of your own benefits. This can be helpful if the survivor benefit amount is higher than the benefits you currently receive or will receive.

Can You Receive Both Benefits?

In most cases, no Social Security does not allow someone to collect two full benefits at the same time. If your spouse dies, the Social Security Administration (SSA) compares:

  • Your own benefit amount, and

  • The survivor benefit amount based on your spouse’s record

You will receive the higher of the two, not both added together.

For a full explanation of survivor-benefit eligibility, please see our detailed survivor benefits guide here.

How SSA Decides Which Benefit You Receive

Social Security applies what is sometimes called a dual-entitlement calculation. This means:

  • If your own retirement benefit is higher, you continue receiving yours.

  • If your spouse’s survivor benefit is higher, you switch to that amount.

Special Circumstances to Know

A few situations can affect which benefit is higher:

  • If your spouse passed away before claiming benefits

  • If you take survivor benefits before full retirement age (the amount is generally reduced)

These rules still do not allow you to stack both benefits at once.

If You Have Children at Home

Child-in-care benefits may apply if you are caring for a child under 16 or a child with a disability. These payments do not change the rule about receiving both your own benefit and your spouse’s. SSA still pays only the highest applicable benefit to you.

If You’re Unsure Which Benefit Will Be Higher

The Social Security Administration can calculate both benefits for you. When calling, it is recommended to have:

  • Your spouse’s Social Security number

  • Your own benefit information, if available

  • The date your spouse passed away and other relevant documentation

A representative will tell you which payment you qualify for and whether switching benefits later could increase your income.

Note: Fraud is rampant, especially among people who are trying to claim their benefits. Please triple check to ensure that you are calling and speaking with the appropriate individual before giving away any sensitive information!

Support and Next Steps

At McCarthy Law, we help families navigate both the legal and financial steps after losing a loved one. If you need support or want guidance during this transition, feel free to request our complimentary Surviving Spouse Guide or schedule a brief discovery call.

McCarthy Law, LLC

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