Losing a partner is a mess. Beyond the emotional weight, there’s this mountain of paperwork that feels like a cruel joke. One of the biggest questions that pops up—usually right around tax season—is whether those monthly Social Security checks are actually yours to keep or if Uncle Sam is going to take a cut.
Honestly, the answer isn't a simple yes or no. It’s a "maybe," and that "maybe" depends almost entirely on how much other money you have coming in.
💡 You might also like: Battery Operated Misting Fan: Why Most Portable Coolers Actually Fail
The Reality of Federal Taxes on Your Benefits
Basically, the IRS treats survivor benefits just like regular Social Security retirement benefits. They use a specific math equation to decide if you owe anything. This is what they call your combined income.
To figure it out, you take your Adjusted Gross Income (AGI), add any nontaxable interest you earned (like from municipal bonds), and then add exactly half of your Social Security survivor benefits.
If that total hits certain marks, you’re looking at a tax bill.
- Individual Filers: If your combined income is between $25,000 and $34,000, you might pay taxes on up to 50% of your benefits. If you’re over $34,000, that jumps to 85%.
- Married Filing Jointly: The floor is slightly higher. If you and a new spouse have a combined income between $32,000 and $44,000, you’re in the 50% range. Anything over $44,000 means up to 85% of your benefits are taxable.
It’s a bit of a gut punch. Many people think because the money was already "taxed" when their spouse was working, it should be off-limits. Unfortunately, federal law doesn't see it that way.
What About the Kids?
This is where things get interesting and slightly more hopeful. If you have children receiving survivor benefits, those checks are technically the child's income, not yours.
IRS Publication 915 is pretty clear here. Even if the check is made out to you as the representative payee, that money "belongs" to the child for tax purposes. Since most kids don't have a side hustle or a massive stock portfolio, their "combined income" rarely hits the $25,000 threshold.
Usually, the kid's benefit ends up being tax-free. You just have to make sure you aren't accidentally lumping their benefits in with yours when you file your own return. Keep them separate.
✨ Don't miss: Can a 14 Year Old Work at Chick-fil-A? What the Law and the Kitchen Really Say
The State Tax Map in 2026
Where you live matters a ton. Most states—42 of them, to be exact—don't touch your Social Security at all.
As of early 2026, West Virginia has finally joined the "no-tax" club, fully exempting benefits. But if you’re in one of the remaining eight states, you might still owe the governor a piece of your check. The states still taxing at least some portion of benefits are:
- Colorado
- Connecticut
- Minnesota
- Montana
- New Mexico
- Rhode Island
- Utah
- Vermont
Each of these has its own weird rules. For example, in Minnesota, you're exempt if your income is below certain (fairly high) thresholds, while Utah gives you a tax credit that helps offset the cost. If you’re living in one of these spots, it’s worth double-checking the 2026 local brackets, as many are actively trying to phase these taxes out to keep retirees from moving to Florida.
Why 2026 Feels Different
You might have heard whispers about the "You Earned It, You Keep It Act." There’s been a lot of talk in Congress about getting rid of federal taxes on Social Security entirely starting this year.
As of right now, it hasn't become law. We’re still playing by the old 1984 rules. But because of the 2.8% Cost-of-Living Adjustment (COLA) that kicked in this January, your monthly check is likely bigger than it was last year.
The catch? Those tax thresholds ($25,000 and $32,000) are not adjusted for inflation. They’ve been the same for decades. So, as your "inflation-adjusted" check goes up, you’re more likely to get pushed into a taxable bracket. It’s a sneaky phenomenon known as "bracket creep," and it’s hitting survivors harder than ever this year.
✨ Don't miss: Why Cowboy Cowgirl Coloring Pages Still Capture Our Imagination
Handling the Bill Without a Headache
If you realize you’re going to owe money, don't wait until April to scramble for cash. You’ve got options.
You can actually ask the Social Security Administration (SSA) to withhold taxes from your check every month. You just fill out IRS Form W-4V. You can choose to have 7%, 10%, 12%, or 22% taken out. It’s painful to see a smaller check, but it’s better than getting a massive bill and a penalty from the IRS later on.
Another move is looking at your other income. If you're taking RMDs (Required Minimum Distributions) from a traditional IRA, that's what's likely pushing your "combined income" over the limit. Some people use Qualified Charitable Distributions (QCDs) to send that IRA money directly to a charity. Since it doesn't count as AGI, it can actually lower your income enough to make your survivor benefits tax-free again.
Moving Forward
Tax laws are a moving target. While the 85% rule feels set in stone, state-level changes are happening fast.
Next Steps for You:
- Check your SSA-1099: This form arrives in January. Look at Box 5—that’s your net benefit for the year.
- Run the "Half" Test: Take half of that Box 5 number, add your other income, and see if you’re over $25,000 (single) or $32,000 (joint).
- Update your withholding: if you’re over the limit and don't want a surprise bill, get that W-4V filed with the SSA sooner rather than later.
Knowing where you stand now saves you from a lot of stress when the filing deadline actually hits. It’s your money; you should know exactly how much of it you get to keep.