Remarriage and death benefits is a topic many grieving families never expect to face. If you lost a spouse to a work injury or illness, you may be getting weekly survivor checks through workers’ comp. Those checks can help keep a roof over your head. Later, you may find love again and think about marrying.
That is a normal, healthy part of life. However, in most states, getting remarried can change or end your weekly payments. Knowing the rules ahead of time helps you plan without surprises. This guide explains, in plain English, what usually happens and what steps to take.
How Remarriage and Death Benefits Work Together
First, a few simple terms. Workers’ comp “death benefits” are weekly payments to the family of a worker who died from a job injury or illness. They often include help with funeral costs too. The weekly amount is usually based on the worker’s “average weekly wage.” That is their typical gross pay before the injury, averaged over a set period.
In most states, a surviving spouse is paid until one of two things happens. The spouse passes away, or the spouse remarries. Typically, remarriage ends the spouse’s weekly checks. As a result, many states soften the blow with a one-time lump sum. That lump sum is often equal to about two years of weekly benefits.
The rules on remarriage and death benefits are about the spouse only. In most cases, children keep getting their own share. For example, a child often keeps receiving benefits until age 18. Many states extend that to age 22 or 23 for a full-time student, or longer for a child with a disability.
Remarriage and Death Benefits: Real Figures by State
Each state writes its own rules. The amounts and the lump sum differ a lot. Below are real examples from state and federal law. These figures are a starting point, not a promise about your case.
| System | Spouse’s Weekly Benefit | What Happens at Remarriage |
|---|---|---|
| Texas | Share of 75% of the worker’s average weekly wage | Weekly checks end; lump sum of 104 weeks (2 years) of benefits |
| Florida | 50% of average weekly wage (spouse alone) | Lump sum of 26 weeks; total death benefits capped at $150,000 |
| New York | 66 2/3% of average weekly wage (spouse alone) | Lump sum equal to 2 years of benefits |
| Federal workers (FECA) | 50% of monthly pay (spouse, no children) | Remarry before age 55: lump sum of 24 months; at 55 or older, benefits continue for life |
| Longshore and harbor workers | 50% of average weekly wage | Lump sum equal to 2 years of benefits |
Texas has one important exception. Under the Texas Department of Insurance death benefits page, a surviving spouse of certain first responders can keep lifetime benefits even after remarrying. Florida spouses should read Florida Statute 440.16. If the $150,000 cap is close, the lump sum may be smaller.
Federal workers’ families should know about age. Under the U.S. Department of Labor’s FECA program, remarrying at 55 or older does not end payments. That age line can matter a great deal when you plan a wedding date.
Also keep in mind that weekly benefits are capped. Each state sets a maximum weekly benefit, and it changes every year. Confirm the current maximum with your state workers’ comp board before you do any math.
What to Do Before and After You Remarry
Take your time. There is no rush to decide anything. However, a little planning can protect your family. Here are practical steps many surviving spouses find helpful.
Step 1: Read your state’s rule. Find the death benefit page on your state workers’ comp board website. Look for the words “remarriage” or “lump sum.” For example, New York explains its rules on the New York Workers’ Compensation Board website.
Step 2: Report the marriage promptly. Most states require you to tell the insurance carrier when you remarry. If checks keep coming after the wedding, the carrier may ask for that money back. In Texas, for example, payments made after remarriage can be subtracted from the lump sum.
Step 3: Ask how the lump sum is figured. The lump sum is usually based on your weekly rate right before the marriage. Ask the carrier to show the math in writing. Keep copies of every letter and payment record.
Step 4: Check your children’s benefits. In most cases, children keep their own share. In some states, the children’s share may go up once the spouse’s share ends. Ask the carrier to confirm this in writing.
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Step 5: Think about other benefits. Workers’ comp is only one piece. Social Security survivor benefits have their own remarriage rules. Typically, remarrying at age 60 or older (50 if disabled) does not end Social Security survivor benefits. A pension or life insurance plan may also have its own rules.
Some families also have a pending claim or settlement. A settlement may be called a “compromise and release.” That is a deal that closes some or all of the claim for a set payment. Any settlement estimate you hear is illustrative only. Every case is different. Before signing anything tied to remarriage and death benefits, confirm the terms with your state board and a licensed attorney.
Finally, be gentle with yourself. Choosing to remarry is not a betrayal of the person you lost. The law simply treats the new marriage as a new source of support. Understanding remarriage and death benefits lets you make that choice with clear eyes.
Frequently Asked Questions
Do I lose my workers’ comp death benefits if I remarry?
In most states, yes, your weekly spouse benefits end when you remarry. However, many states pay a one-time lump sum, often about two years of benefits. Your children’s benefits typically continue on their own schedule.
What if I just live with a new partner instead of marrying?
It depends on your state. Many states only end benefits at a legal marriage. However, a few states treat living together like marriage, so check your state’s rules before assuming anything about remarriage and death benefits.
Can my benefits restart if my new marriage ends?
In most cases, no. A divorce or the death of a new spouse usually does not restart workers’ comp death benefits. For example, federal FECA rules reinstate benefits only if the new marriage is annulled. Confirm your state’s rule with your workers’ comp board.
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Sources & How to Verify
This guide is built from official government and industry sources. Workers’ comp figures, deadlines, and state rules change every year, so always confirm the exact figure with your state board or a licensed attorney:
- Your state workers’ compensation board / division: the first and most authoritative source for your state’s caps, deadlines, and rules.
- U.S. Department of Labor: dol.gov — the directory of state workers’ comp officials.
- NCCI: ncci.com — workers’ comp rating and benefit data.
- Social Security Administration: ssa.gov — SSDI offset and benefit-cap data.
- Insurance Information Institute: iii.org — neutral coverage and claims data.
Verified November 2026. State maximum weekly benefits change every year — if you spot anything outdated, please contact us.
Related Guides
- The Complete Guide to Workers’ Comp Settlements
- Workers’ Comp Settlements by State
- Workers’ Comp Benefits Explained (TTD, PPD, MMI)
- Your Rights at Work — Common Scenarios
- Plain-English Workers’ Comp Glossary
Disclaimer. This page is for general information only and is not legal, medical, or financial advice, and it does not create an attorney-client relationship. Workers Comp Explained is an independent educational resource, not a law firm, insurer, or medical provider. Benefit caps, deadlines, and rules vary by state and change every year, and any settlement figure is an illustration, not a prediction. For your situation, confirm the exact figure and any deadline with your state workers’ compensation board and a licensed attorney before you act.