Will my Social Security widow benefits be reduced if husband dies in prison? Currently taking income hit
I'm absolutely devastated right now. My husband (66) was recently sentenced to 20 years and I've just been informed that my own SS retirement benefits will be dropping from $1395 to about $1085 monthly because he's incarcerated. I'm 67 and this feels incredibly unfair since I didn't commit any crime, yet I'm being financially punished. What I really need to understand is what happens in the future. Given his health issues, there's a real possibility he may pass away while serving his sentence. If that happens, would I be eligible for widow's benefits based on his work record? His monthly benefit amount was $2870 before imprisonment. Would I get the full amount as a widow or would there still be some kind of reduction because he died while incarcerated? I'm trying to plan for every possibility since this whole situation has completely upended my retirement.
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Kaitlyn Otto
sry to hear about ur situation. my cousin went thru something similar when her husband went to prison. yes ur check gets reduced cuz of his situation but i THINK u would still get widow benefits if he passes. not sure if being in prison affects that part.
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Kristian Bishop
•Thank you for responding. It's just so stressful having my income suddenly cut like this. Did your cousin's benefits go back up after her husband's situation was resolved?
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Axel Far
To directly answer your question: Yes, you would be eligible for widow's benefits if your husband passes away while incarcerated. As a widow at full retirement age (which you are at 67), you would generally be entitled to 100% of his benefit amount ($2870). The incarceration affects current benefits but doesn't impact survivor benefits after death. The prison status essentially becomes irrelevant once the person has passed away. What's happening now is that while he's in prison, he can't receive benefits, and that affects certain household calculations. But death and survivorship operate under different rules in the Social Security system.
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Jasmine Hernandez
•I think this is mostly right but doesn't the 'family maximum' sometimes limit widow benefits? I heard somewhere there's a cap on what one person can get?
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Luis Johnson
THE WHOLE SYSTEM IS RIGGED!! They punish innocent family members for something they didn't do! My brother went to prison 3 years ago and his wife's benefits got cut by almost 30%!!! She had to move in with her daughter because she couldn't keep her apartment. The government doesn't care about collateral damage to families!!
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Ellie Kim
•While I understand your frustration, there's actually a logical reason for the benefit reduction. When calculating benefits for married couples, SSA assumes shared household expenses. When one spouse is incarcerated, those expenses change significantly. The reduction isn't intended as punishment but rather reflects the changed household circumstances. That said, I agree it creates hardship for the non-incarcerated spouse who still has the same housing costs.
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Fiona Sand
I went through this exact situation when my husband was incarcerated in 2022. My benefits dropped from $1270 to $985 and I couldn't pay my utilities. I spent WEEKS trying to get through to someone at Social Security to explain my options. Always busy signals or disconnections after waiting for hours. Finally found a service called Claimyr (claimyr.com) that got me connected to a real SS agent in under 15 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent confirmed that if your spouse dies while incarcerated, you'll receive the higher of either your own benefit or your husband's full benefit as a widow, without reduction due to his incarceration status. This was a huge relief to know for planning purposes.
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Kristian Bishop
•Thank you so much for sharing your experience. It helps knowing I'm not alone in this situation. I've been trying to call SSA for days with no luck. I'll check out that service - I really need to speak with someone to understand all my options.
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Mohammad Khaled
my sister had a similar thing happen and she got her congressman involved. sometimes they can help with social security issues. worth a try maybe
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Kristian Bishop
•That's a really good suggestion. I hadn't thought about contacting my congressional representative. Did it help in your sister's case?
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Mohammad Khaled
•yes it actually did! she got a caseworker from the congressman office who called SSA directly and got things moving faster. didn't change the rules but at least got answers quicker
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Kaitlyn Otto
Does anyone know if the OP will automatically start getting widow benefits or does she have to apply for them? My aunt didn't know she had to apply and missed out on like 5 months of payments they wouldn't backpay her for.
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Axel Far
•This is an important point. Widow's benefits are NOT automatic - you must apply for them, even if you're already receiving Social Security benefits on your own record. If your husband passes away while incarcerated, you should contact Social Security immediately (within 30 days if possible) to apply for survivor benefits. While they do allow for some retroactive payments, it's limited, and as your aunt discovered, you could miss out on payments if you wait too long.
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Jasmine Hernandez
I'm wondering how her husband's incarceration is affecting her own SS benefit. I thought everyone's benefit was calculated separately based on their own work history? I get that he can't receive benefits in prison, but why would her check be reduced?
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Ellie Kim
•It depends on whether she's receiving retirement benefits based solely on her own work record or if she's receiving spousal benefits (or a combination). If her own retirement benefit is less than 50% of her husband's, she would typically receive a combination of her own benefit plus a spousal supplement. When he becomes ineligible due to incarceration, the spousal portion would be affected. It's also possible she was receiving a higher benefit due to household status calculations that changed when he became incarcerated. SSA recalculates benefits based on household composition changes.
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Ellie Kim
To directly answer your widow benefits question: At your age (67, which is past Full Retirement Age), you would be entitled to 100% of your husband's PIA (Primary Insurance Amount) of $2870 if he passes away, regardless of his incarceration status at time of death. However, you should be aware of the following: 1. You don't automatically receive widow benefits - you must apply within 6 months of his passing 2. SSA will pay you the higher of either your own benefit or your husband's benefit (not both) 3. If he passes while incarcerated, bring a copy of the death certificate and his Social Security number when you apply 4. If possible, file the application in the same month as his passing to maximize benefits 5. There may be a one-time death benefit of $255 you can claim as well
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Kristian Bishop
•Thank you for such detailed information. This helps tremendously with my planning. I've been so worried about what my financial situation would look like in different scenarios. One question - you mentioned applying within 6 months, but someone else mentioned I could lose benefits if I don't apply within 30 days. Which is correct?
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Ellie Kim
•The 30-day recommendation is best practice to avoid any payment gaps, but it's not a strict deadline. The 6-month window is related to ensuring you don't miss potential retroactive benefits. Technically, you can apply anytime after his passing, but waiting beyond 6 months might result in missed payments. I recommend applying as soon as possible after his passing to ensure continuous income.
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