CFR-2025 title 20 Vol 2 - § 404.335 How do I become entitled to widow’s or widower’s benefits

Aug 25, 2026

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Social Security Administration regulations set out when entitlement to widow’s or widower’s benefits applies and how eligibility is determined under 20 CFR Ch. III. It specifies relationship requirements, including marriage duration and conditions for cases where the marriage did not last 9 months, such as accidental death or death in the line of duty. The section also outlines application rules and references related eligibility periods and benefit computation, including related provisions that can trigger benefit deductions or termination.

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§ 404.333 Wife’s and husband’s benefit amounts

§ 404.335 How do I become entitled to widow’s or widower’s benefits?

(a) Relationship and conditions

(b) Application requirements

Social Security Administration § 404 .335 you no longer have in your care a child who is under age 16 or disabled and entitled to child’s benefits on the insured’s earnings record, your benefits may be subject to deductions as provided in § 404 .421. ) (5) The insured person dies or is no longer entitled to old age or disability benefits. Exception: Your benefits will continue if the insured person was entitled to disability benefits based on a finding that drug addiction or alcoholism was a contributing factor material to the determination of his or her disability (as described in § 404 .1535), the insured person’s benefits ended after 36 months of benefits (see § 404 .316(e)) or 12 consecutive months of suspension for noncompliance with treatment (see § 404 .316(f)), and but for the operation of these provisions, the insured person would remain entitled to benefits based on disability. (6) If your benefits are based upon a deemed valid marriage and you have not divorced the insured, you marry someone other than the insured. (7) You die. (8) You became entitled as the divorced wife or the divorced husband before the insured person became entitled, but he or she is no longer insured. (c) If you were entitled to wife’s or husband’s benefits for August 1981 on the basis of having a child in care, your entitlement will continue until September 1983, until the child reaches 18 (unless disabled) or is otherwise no longer entitled to child’s benefits, or until one of the events described in paragraph (b) (1), (2), (3), (5), (6) or (7) of this section occurs, whichever is earliest. [44 FR 34481, June 15, 1979, as amended at 48 FR 21926, May 16, 1983; 49 FR 24115, June 12, 1984; 51 FR 11911, Apr. 8, 1986; 58 FR 64891, Dec. 10, 1993; 60 FR 8145, Feb. 10, 1995; 64 FR 14608, Mar. 26, 1999] § 404.333 Wife’s and husband’s benefit amounts. Your wife’s or husband’s monthly benefit is equal to one-half the insured person’s primary insurance amount. If you are entitled as a divorced wife or as a divorced husband before the insured person becomes entitled, we will compute the primary insurance amount as if he or she became entitled to old-age benefits in the first month you are entitled as a divorced wife or as a divorced husband. The amount of your monthly benefit may change as explained in § 404 .304. [51 FR 11912, Apr. 8, 1986] § 404.335 How do I become entitled to widow’s or widower’s benefits? We will find you entitled to benefits as the widow or widower of a person who died fully insured if you meet the requirements in paragraphs (a) through (e) of this section: (a) You are the insured’s widow or widower based upon a relationship described in §§ 404 .345 through 404.346, and you meet one of the conditions in paragraphs (a)(1) through (4) of this section: (1) Your relationship to the insured as a wife or husband lasted for at least 9 months immediately before the insured died. (2) Your relationship to the insured as a wife or husband did not last 9 months before the insured died, but you meet one of the conditions in paragraphs (a)(2)(i) through (iv) of this section. (i) At the time of your marriage the insured was reasonably expected to live for 9 months, and the death of the insured was accidental. The death is accidental if it was caused by an event that the insured did not expect, if it was the result of bodily injuries received from violent and external causes, and if, as a direct result of these injuries, death occurred not later than 3 months after the day on which the bodily injuries were received. An intentional and voluntary suicide will not be considered an accidental death. (ii) At the time of your marriage the insured was reasonably expected to live for 9 months, and the death of the insured occurred in the line of duty while he or she was serving on active duty asa member of the uniformed services as defined in § 404 .1019. (iii) At the time of your marriage the insured was reasonably exp

FAQs

What determines your monthly wife’s or husband’s benefit amount under § 404.333?

It equals one-half of the insured person’s primary insurance amount, and the primary insurance amount may be computed as if entitlement arose in the first month you qualify as a divorced wife or divorced husband.

Who can become entitled to widow’s or widower’s benefits under § 404.335?

You must be the insured’s widow or widower and meet the conditions in § 404.335(a) through (e), including relationship requirements tied to marriage duration or specific qualifying circumstances.

Do you need to apply again to receive widow’s or widower’s benefits under § 404.335(b)?

You must apply, but you need not apply again if you meet one of the conditions in § 404.335(b)(1) through (4).

Aug 25, 2026

Upload by Jake