Most people understand that you must have paid into the Social Security system to receive retirement benefits upon retirement age. However, did you know you can get Social Security benefits based on your spouse’s work history?
This means you can get a monthly benefit payment even if you do not have sufficient earnings history to qualify. This even applies to ex-spouses in some cases. So, when can you claim these spousal benefits, and how much will they be? Keep reading as we give you a full breakdown of Social Security spousal benefits, including how they work and how much you can expect to receive.
What Are Social Security Spousal Benefits?
Social Security spousal benefits are retirement benefits paid by the Social Security Administration to the spouse of a primary beneficiary. When Social Security started, many women did not work outside the home. The Social Security Administration (SSA) quickly realized that many women would not qualify for benefits because they did not have a sufficient earnings record.
Spousal Benefits for Wives
So, spousal benefits for wives began in 1939. This allowed a married woman to collect benefits upon reaching retirement age, even though she did not work enough to qualify for benefits. Husbands were not allowed to claim spousal benefits until 1950.
Similarly, the rules for ex-spouses who wish to claim spousal benefits have traditionally been more beneficial to women than men. Only relatively recently have the rules become more standardized so that the same rules apply to both men and women — regardless of who the primary beneficiary is.
Survivor Benefits
Spousal benefits are often converted to survivor benefits after the primary beneficiary passes away. The widow or widower may then switch to survivor benefits to receive a higher amount than they normally would using only spousal benefits.
KEY TAKEAWAYS
- Spousal benefits began in 1939 to allow women to collect retirement benefits, even though they didn’t have enough work credits. It wasn’t until 1950 that men could also claim spousal benefits.
- Today, spouses, second wives, ex-spouses, and same-sex couples may all qualify for retirement benefits based on their spouse’s work history.
- The spousal benefit pays eligible beneficiaries up to 50% of the primary beneficiary’s PIA. If the primary recipient dies, then survivor benefits can be as much as 100% of PIA.
Who Qualifies For Social Security Spousal Benefits?
To qualify for spousal benefits, you must meet a few eligibility criteria. Here are the basics, and then we will discuss a few exceptions to the basic rules.
First, your spouse must already have filed for their benefits. You cannot apply for spousal benefits until your spouse has already applied for their benefits.
Age Requirements
Next, you must be at least 62 to qualify for these benefits. If you are caring for a child under 16 or a disabled child, then the age requirement will be waived. This means that you could apply for spousal benefits at any age if your spouse has already applied for them.
Second Wife
Many people wonder whether a second wife can get Social Security spousal benefits. The answer is yes. Even if you have an ex-spouse receiving benefits, your current spouse can also qualify for benefits.
Ex-Spouse
An ex-spouse may also qualify for spousal benefits, although the rules differ. First, the marriage must have lasted at least ten years. Next, you must not be remarried. If you remarry, this can completely disqualify you from receiving spousal benefits based on your ex-spouse’s work record. Finally, you must be at least age 62. There are a few exceptions here if the ex-spouse is deceased, but we will dive deeper into those later in this article.
Same-sex Couples
Same-sex married couples are also entitled to spousal benefits after a Supreme Court ruling in 2015. This ruling afforded these couples the same constitutional rights as other married couples. Social Security retirement benefits are included in those rights. In some cases, some civil unions and domestic partnerships might even qualify you for benefits.
The qualifying rules there are a little more detailed, so you should apply for benefits if you think you are entitled to them.
When Can A Spouse Claim Social Security Spousal Benefits?
Benefits at Age 62 or Older
A spouse can claim Social Security spousal benefits as early as age 62, as long as their spouse has already applied for benefits. You cannot claim benefits until your spouse has claimed benefits using their record. This rule applies to both a current spouse and a divorced spouse. However, if the divorce happened more than two years ago, the ex-spouse can claim spousal benefits at age 62 even if the primary beneficiary has not started benefits. As long as the primary beneficiary is eligible to start benefits, then spousal benefits can be claimed.
Benefits Before Age 62
If you are raising a child under 16 or a disabled child, the age requirement is waived. This means that you can apply for spousal benefits as soon as your spouse applies for benefits on their record. Likewise, you can apply for benefits as early as age 60 if you have a deceased spouse.
Reduced Benefits Before FRA
Even though retirees can claim benefits as early as age 62, this does not mean that it is always wise to do so. Starting your spousal benefits at age 62 will nearly cut your benefit in half. Remember that this is the amount you will receive for the rest of your life, so waiting until full retirement age (FRA) is an excellent option. If it is financially possible for you to do so, then you should wait until full retirement age to claim your spousal benefits. This will maximize the amount that you will receive.
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How Social Security Spousal Benefits Are Calculated
The calculation for spousal benefits is reasonably straightforward. If you wait until full retirement age, your benefit will be 50% of the spouse’s benefit amount. However, starting your benefits early will reduce your monthly payment. Your benefit will be reduced by 0.7% each month you begin your benefits early, up to a 36-month reduction.
So, if you start your benefits at age 62, you will only receive 32.5% of your spouse’s primary insurance amount. Remember that if you are eligible to receive your retirement benefit based on your earnings record, you will receive the higher benefit amount.
You must perform a few different calculations to calculate Social Security benefits for the primary beneficiary. The easiest way is to sign up for a My Social Security account online and use the estimator tools there. However, if you wish to calculate the amount independently, here is what you must do.
- First, you must determine your average indexed monthly earnings over the highest 35 years of your work history. You must take the 35 years of your highest income, index them to current values using the Social Security index tables, and divide the sum by 420 to obtain the average monthly amount.
- Next, you calculate your primary insurance amount by determining the Social Security bend points applicable to you. You will receive a certain percentage of your earnings between these bend points. The sum of those amounts is your primary insurance amount.
- Finally, that amount may need to be adjusted if you start your benefits early or wait until after the full retirement age to start them. Starting payments early will lead to reduced benefits while waiting later to start benefits will result in increased payments.
Expired Spousal Benefit Loopholes
Switch Spousal to Individual
Several years ago, a few spousal benefit loopholes allowed married couples to maximize their Social Security spousal benefits. For instance, a spouse might start claiming spousal benefits at age 62 while allowing their benefit to grow. They could accrue delayed retirement credits on their benefit to age 70. Upon turning 70, they would switch from spousal benefits to their benefits. This would result in a much higher monthly payment than they would have otherwise gotten.
File and Suspend
Similarly, many married couples used the “file and suspend” method of applying for benefits. In this method, the higher earner would file for benefits but suspend the start of the benefits until age 70. This allowed the spouse to start receiving spousal benefits since the primary beneficiary had already applied for benefits. However, both loopholes were closed by legislation in 2015, which took effect in April 2016.
Loophole Closure
The legislation that was enacted closed the loopholes in a couple of ways. First, an application for benefits now acts as an application for all benefits to which you are entitled. You can no longer submit a deemed or restricted application for spousal benefits only. If you apply for spousal benefits, you are also applying for benefits based on your work record. You will receive the higher of the two amounts.
Similarly, you can no longer receive spousal Social Security benefits if your spouse has suspended their benefits. So, if your spouse’s Social Security benefit is suspended, you cannot receive spousal benefits. No payments will be made on the earning spouse’s record until the primary beneficiary starts to receive benefits. All Social Security payments associated with that earnings record are suspended if the primary benefits are suspended.
TIP
If your spouse dies before reaching retirement age, the surviving spouse or dependents may still be eligible for benefits if the deceased has enough work credits.
Social Security Spousal Benefits For Divorced & Widowed Spouses
When it comes to retirement planning, many divorced and widowed spouses wonder whether they can still receive spousal benefits. The answer depends on a few different facts. Here are the rules you need to know when it comes to divorced or widowed spouses receiving spousal benefits.
Divorced Spouses
Even though you are divorced, you might still be eligible to receive spousal benefits based on your ex-spouse’s work record. Here is how you can qualify.
- First, the marriage must have lasted at least ten years. If you were married for less than ten years, then you generally will not be eligible to receive benefits from your ex-spouse’s record.
- Next, you must not be remarried. As long as your ex-spouse is living, then getting remarried can disqualify you from receiving any benefits based on their record.
- You must also be at least 62 years old unless you care for a child under 16 or a child with a disability.
- Finally, your ex-spouse must already be receiving their benefits.
If the divorce was finalized over two years ago, the ex-spouse does not need to be receiving benefits. As long as they are eligible to apply for benefits, you can claim spousal benefits if you meet the other eligibility requirements.
You should know that you can still be eligible to claim spousal benefits from your ex-spouse even if they have a current spouse who is also claiming benefits. This will not reduce or affect your benefit amount in any way. Similarly, if you receive benefits based on your earnings record, your benefits will not be affected if your ex-spouse claims spousal benefits.
Widowed Spouses
The rules for widowed spouses are slightly different than those for ex-spouses. Here is how those rules work. First, you should know that survivor benefits are higher than regular spousal benefits. Survivor benefits allow you to receive up to 100% of your deceased spouse’s benefit.
- A widow or widower may start survivor benefits as early as 60, although the benefit amount will be reduced.
- Disabled surviving spouses can start benefits as early as age 50. However, if possible, you should wait until full retirement age to claim these benefits, as waiting will lead to the highest payments.
- Unlike spousal benefits, getting remarried will not affect your survivor benefits as long as the remarriage occurs after age 60.
So, you can continue to receive the full amount of your survivor benefits after the remarriage occurs in that case. If you receive spousal benefits and your spouse dies, you should notify the Social Security Administration immediately. You can switch to survivor benefits, resulting in approximately double your payments. Note that these benefits are usually not retroactive, so the longer you wait to notify the Social Security Administration of the death, the more money you may lose.
Maximizing Spousal Benefits For Divorced & Widowed Spouses
Now that most spousal benefit loopholes have been closed, fewer strategies exist for maximizing your benefits. One of the biggest tips for maximizing your benefits now is to wait as long as possible to start your benefits. Starting benefits early will lead to lower payments, while waiting until full retirement age will allow you to receive the highest benefit possible. Remember that waiting past full retirement age does not provide any value regarding spousal or survivor benefits. Those benefits will not continue to grow past full retirement age, so there is no need to wait beyond that to start your benefits.
Deceased Spouse Work Credits
Another critical thing to remember when it comes to widowed spouses is the fact that your deceased spouse did not need to reach retirement age for you to qualify for survivor benefits. Even if your spouse died before reaching retirement age or starting benefits, you might still be entitled to receive survivor benefits. Your spouse only needed to earn work credits for a minimum of ten years for you to qualify for a spousal benefit. So this means that you might be entitled to a benefit even if your spouse passed away years before retirement age.
Minor Children Survivor Benefits
If your spouse received Social Security Disability benefits at their passing, you might also be entitled to receive a survivor benefit. In addition, any minor children of the deceased are likely also eligible for a survivor benefit payment. You can easily apply for these benefits online through the Social Security Administration website or by scheduling an appointment at your local Social Security office.
Most people choose to work with a qualified financial planner to assist them with maximizing their benefits. Remember that you also need to consider Medicare premiums and other expenses when planning your retirement budget. If you or your spouse receive a government pension, this can also affect your Social Security payments.
The Bottom Line
A spouse can claim spousal benefits at age 62 if the primary spouse has already applied for benefits. The age requirement can be waived if the spouse cares for a child under 16 or a disabled child.
An ex-spouse can also claim spousal benefits at age 62 if the marriage lasts ten years. If the divorce occurred more than two years prior, the ex-spouse can claim spousal benefits if the primary spouse can apply for benefits. There is no requirement that they be receiving benefits already.
Upon the death of the primary spouse, the spousal benefits can be switched over to survivor benefits. This allows the surviving spouse to receive 100% of the deceased spouse’s primary insurance amount.
Frequently Asked Questions
To qualify for spousal benefits, you must be at least 62, and your spouse must already receive Social Security benefits. Even an ex-spouse can receive these benefits as long as the marriage lasted ten years, you are not remarried, and your ex-spouse is receiving benefits.
If the divorce occurred more than two years prior, you can claim spousal benefits if your ex-spouse is eligible to apply for benefits. They do not necessarily have to be receiving benefits already.
No, if you are currently married, you must receive Social Security retirement benefits before your wife can apply for spousal benefits. You can no longer apply for benefits and suspend them for a later time, thus allowing your wife to apply for spousal benefits.
If you were to die, then your wife would be eligible for survivor benefits whether or not you reached retirement age. As long as you accrued ten years’ worth of work credits, your wife could claim survivor benefits upon reaching age 60.
Spousal benefits are paid to the spouse or ex-spouse of a primary beneficiary who is still living. If the spouse waits until full retirement age to start the spousal benefits, they can be up to 50% of the primary insurance amount.
On the other hand, survivor benefits are paid to the widow or widower of a primary beneficiary. An ex-spouse can also receive survivor benefits based on the earnings record of the deceased ex-spouse. These benefits can be up to 100% of the primary insurance amount.
If you are receiving spousal benefits and your spouse dies, then you will need to contact the Social Security Administration to switch over to survivor benefits. This does not happen automatically, and the increase in benefits is usually not retroactive. Notifying SSA of the death will ensure you receive the higher benefit amount as quickly as possible.
A spouse’s maximum spousal benefit is 50% of the primary beneficiary’s primary insurance amount (PIA). This assumes the spouse waits until full retirement age to claim spousal benefits. Starting benefits early at age 62 will result in a reduction of benefits.
In 2024, the maximum Social Security retirement benefit at full retirement age is $3,822. This means the most you could receive in spousal benefits would be $1,911. Waiting past full retirement age will not increase the amount of your spousal benefits, so there is no real advantage to waiting past FRA to start your spousal benefits.
One of the most significant benefits of claiming spousal benefits is receiving Social Security retirement income even if you do not have enough work credits to qualify for benefits on your own.
This means that even if you never worked, you can receive benefits based on your spouse’s work history. This can provide a tremendous financial benefit to married couples during retirement. Even if you qualify for your benefits, spousal benefits might give a higher payment amount if you earned a low income or only worked part-time during your working years.
You can find a Social Security Administration office near you by using our SSA office locator and searching for your closest location.
