Who gets social security benefits after someone dies the kids or a separated spouse?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who gets social security benefits after someone dies the kids or a separated spouse?

Who gets social security benefits after someone dies the kids or a separated spouse?

Asked on November 12, 2018 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  Let's start with the kids first. If you are the unmarried child under 18 (up to age 19 if attending elementary or secondary school full time) of a worker who dies, you can be eligible to receive Social Security survivors benefits. And you can get benefits at any age if you were disabled before age 22 and remain disabled.  Now, as for a spouse, you say separated.  So long as you are not divorced then you are still husband and wife. Whether or not a surviving spouse is eligible for Social Security survivor benefits depends on age and circumstances. In general, a widow or widower age 60 or older (age 50 or older if disabled) is eligible provided you were married at least nine months.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption