Last Updated: December 30, 2025

As you prepare to claim Social Security, you also need to consider whether a spousal benefit will be involved. Additionally, you also need to avoid mistakes related to survivor’s benefits if you’re eligible to claim those when a spouse passes. Here are some things to keep in mind as you consider claiming your benefits vs. getting a spousal benefit.

Mistake: Claiming a spousal benefit

One common mistake some couples make has to do with the idea of filing for spousal benefits and then delaying taking your benefits until age 70 when you can get a higher amount. The theory behind this approach was that if you’re younger than your spouse, you could claim spousal benefits as soon as your spouse began taking their Social Security benefits. Instead of taking your own benefits when reaching full retirement age, you could receive benefits based on your spouse’s work history, then enjoy the higher monthly amount after delaying your benefits.

However, due to a law passed in 2015, you can no longer claim spousal benefits while delaying your own retirement benefit. Instead, the current rule is called “deemed” filing. If you’re at least 62 and you file for benefits based on your spouse’s record, you’re considered to have filed for your own benefits at the same time. On top of that, the highest of your two spousal benefits will kick in at full retirement age, so there is no benefit to deferring for your spouse’s Social Security benefit.

The good news, however, is that if you are eligible for both spousal and your own retirement benefits, if you participate in deemed filing, you’ll get the higher of the two benefit amounts. Realize, though, that claiming benefits before full retirement age will result in reduced benefits overall. You’ll see a reduced spousal benefit and a reduced retirement benefit.

It’s also important to understand that you don’t have to take a spousal benefit. You can put off filing for Social Security benefits even if your spouse is receiving their payments. Run the numbers to see if it makes sense to try for spousal benefits in addition to your own benefits, or if it makes sense to just rely on your own retirement benefits alone.

Mistake: Survivor’s benefits

Another mistake some retirees have made since the 2015 law is the assumption that survivor’s benefits are part of deemed filing. You might be worried about filing for widow’s or widower’s Social Security benefits because you don’t want to trigger your own retirement requirement.

Luckily, the law allows you to file for survivor’s benefits separately from your retirement benefits. For example, if you’re 63 and your spouse passes, you can file for benefits based on the deceased’s record and delay filing for your Social Security benefits until later. This allows you to receive benefits and still let your own Social Security grow. In fact, if your finances warrant it, you could wait until age 70 to file for your own benefits, taking advantage of the increased monthly payment later.

Social Security pays a surviving spouse a one-time, lump sum death benefit of $255¹, in addition to their usual monthly payment. If there is no surviving spouse, this payment can go to a child who is eligible for benefits on the deceased’s account. However, if the deceased is receiving regular monthly benefits and they keep coming for a month or two after death, you’ll need to return them to the Social Security Administration.² For instance, if your spouse dies in April you will need to return any benefits paid in May and later. That means that if they die in the middle of the month any benefits for that month will need to be returned.

Mistake: Miscalculating divorced spousal benefits

Some retirees don’t realize that they can consider a former spouse’s record when claiming Social Security benefits. However, there are a few mistakes people might make when considering benefits from a former spouse:

• Length of marriage: You have to have been married to your ex for at least 10 years to claim benefits on their record.
• Remarriage: If you remarried, you can’t claim benefits on a former spouse’s record, unless you remarried after age 60. Keep this in mind if you think an ex’s record might result in a higher benefit than a potential spouse.
• Later divorce: Losing a later spouse makes you eligible to claim your first ex’s benefits again. If you might be able to see a higher payout from an ex’s benefits than from your most recent spouse’s survivor’s benefits, it might make sense to make that choice.
• You don’t have to wait until your ex claims their benefits: Some retirees mistakenly think that their ex must be claiming benefits. As long as you’re at least 62 and they’re at least 62 (and you’ve been divorced for at least two years), you can claim benefits. Your claim won’t force your ex to start receiving benefits, nor will it impact their benefits later.
• You can’t claim benefits on both your ex’s record and your own record: If your retirement benefit is different than what you’d get based on your ex’s record, you’ll get the higher amount. However, you can’t receive both benefits at the same time.

A big mistake in many divorce negotiations is related to the fact that an ex-spousal benefit is only 50% of the married benefit, meaning your ex spouse will get a benefit that’s twice what you get as an ex-spouse benefit.

Run the numbers if you qualify for benefits based on an ex-spouse’s record. You might be surprised to learn that you can get a bit of a boost.

SOURCES

1. “Who can get Survivor benefits” SSA.gov, https://www.ssa.gov/survivor/eligibility. Accessed 30 December 2025.
2. Ibid.