Your Spouse Dies Owing Social Security Money — Can SSA Come After Your Benefits?

A surviving spouse does not automatically inherit a deceased partner’s Social Security overpayment. Liability depends on the benefit program, the earnings record, the circumstances of the payment, and the applicable recovery rules – Shutterstock

Your spouse dies with an outstanding Social Security overpayment, and suddenly a frightening question joins the funeral bills and paperwork: Can the Social Security Administration take money from your benefits to settle the debt?

The answer depends on the type of benefits involved, who received the excess payments, and whether the surviving spouse shares legal responsibility for the overpayment. In many cases, the deceased person’s estate bears the debt rather than the surviving spouse personally. However, certain circumstances allow the Social Security Administration (SSA) to pursue repayment from a surviving spouse or adjust benefits.