TN 5 (12-03)

NL 00711.030 Husband's and Widower's Benefits Paragraphs

250.  GENERAL—HUSBAND

A husband age 62 or older may receive benefits on his wife's social security earnings record if she is entitled to benefits.

  1. at age 62 if he has been married to the worker for at least 1 year or is the natural father of her child.

  2. regardless of his age, if he has in his care a child entitled to monthly benefits on is wife’s earnings record. However, a husband’s benefit will not be paid if the only child in his care has attained age 16 and is not disabled.

250A.   HUSBAND—PRIOR TO MARCH 1977

In order for him to receive payment prior to March 1977, his wife must have been furnishing at least one-half of his support.

250B.   HUSBAND—BENEFITS REDUCED

If (a) or (b) decides to take benefits between age 62 and full retirement age, however, the benefits will be reduced.

  1. he

  2. a husband

250C.  HUSBAND—MONTHLY BENEFIT AMOUNT

A husband's monthly benefit at full retirement age is one-half of the amount his wife would receive at full retirement age if there are no other auxiliaries entitled on her social security record.

250D.  DIVORCED HUSBAND

A divorced husband who has not remarried or whose remarriage has ended may receive benefits at age 62 or later on his former wife’s social security record if she is receiving benefits. He must have been married to her for at least 10 years immediately preceding the divorce. If she is at least age 62 but has not applied for benefits, he can receive benefits on his record if they have been divorced for at least two years.

255.  GENERAL—WIDOWER AGE 60 OR OVER

Monthly benefits may be paid to a widower at age 60 or later if his wife was fully insured at the time of her death.

255A.  WIDOWER—PRIOR TO MARCH 1977

In order for him to receive payment prior to March 1977, his wife must also have been furnishing at least one-half of his support at the time of her death.

255B.  WIDOWER—REDUCED

If he decides to take benefits before full retirement age, the amount of his monthly payments will be reduced depending on the number of months he receives benefits before full retirement age.

255C.  WIDOWER—DISABLED

Under certain conditions, a disabled widower may receive disability benefits between age 50 and 60.

256.  WIDOWER—REMARRIED

A widower who remarried after age 60 may still be entitled to monthly benefits on his deceased wife's earnings record. Before January 1979, his benefit will be 50 percent of the amount his wife would have received at full retirement age. After December 1978, the remarriage will have no effect on the amount of his benefit.

257.  GENERAL—WIDOWER UNDER AGE 60

Monthly benefits may be paid to a widower before he attains age 60 if his wife was insured at the time of her death and he has in his care a child of his deceased wife. However, a widower's benefit will not be paid if the only child in his care has attained age 16 and is not disabled.

When a child in the care of his widowed father is no longer entitled to benefits, payments to the widower stop. If his wife was fully insured at death, he may receive monthly benefits again when he reaches age 60. If a widower becomes disabled, he may under certain conditions be entitled to disability benefits at age 50 or later.

258.  DISABLED WIDOWER—BETWEEN AGES 50-60

Monthly benefits may be paid to a widower prior to age 60 if his wife was insured at the time of death and if he has attained age 50 and is disabled.

To be considered disabled, he must have a physical or mental impairment that is severe enough to prevent his performing gainful work and has lasted (or is expected to last) 12 months or more. In general, the disability must have started before his wife's death or within 7 years (84 months) after her death.

258A.  DIVORCED WIDOWER

In order for a claimant to be entitled as a surviving divorced husband, the claimant must:

  1. Be finally divorced from the wage earner; and

  2. Have been married to him for a period of at least 10 years immediately before the date the divorce became final.

If he has a child in his care entitled to benefits on his former wife’s record, he may receive benefits before age 60. In this case, he need not have been married for 10 years. However, these benefits cannot be paid if the only child in his care is age 16 and not disabled.

260.  SUPPORT NOT NECESSARY

The one-half support requirement does not apply to months prior to March 1977 if the month before their marriage the (a) or (b) was entitled or could have been entitled to certain types of benefits under the Social Security Act or the Railroad Retirement Act.

  1. husband

  2. widower

261.  DISALLOWANCE OF HUSBAND'S CLAIM

To be entitled to monthly benefits on his wife's social security earnings, a husband must (a), (b), (c).