Do You Qualify for Social Security Spouse’s Benefits?

Various tactics exist to optimize your Social Security income based on your marital status. Learn which rules apply to your situation.

Whether you’re married or not, Social Security may play a significant role in your retirement income during this next phase of your life. It provides a consistent cash flow that’s adjusted for inflation.

It pays to be aware of how Social Security works because your monthly benefit amount is determined by your age, marital status, and length of marriage.

Understanding the Marriage Requirements

Social Security benefits play a crucial role in many Americans’ retirement income. If you don’t have enough work credits to qualify for benefits on your own record, you may be eligible to receive benefits based on your spouse’s work record. However, certain marriage requirements must be met to qualify for these benefits.

General Marriage Requirement:

Generally, you must be married for at least one year before you can receive Social Security spouse’s benefits. This requirement ensures that the marriage is a legitimate and long-term relationship, rather than a temporary arrangement solely for the purpose of obtaining benefits.

Exceptions to the One-Year Rule:

There are a few exceptions to the one-year marriage requirement:

  • Parenthood: If you are the parent of your spouse’s child, the one-year rule does not apply. This exception recognizes the special bond between a parent and child and ensures that the parent can receive benefits to help care for the child.
  • Previous Benefits Entitlement: If you were entitled (or potentially entitled) to certain benefits under Social Security or the Railroad Retirement Act in the month before the month you got married, the one-year rule does not apply. This exception ensures that individuals who previously received benefits are not penalized for getting married.

Divorced Spouses:

A divorced spouse must have been married for at least 10 years to get spouse’s benefits. This requirement ensures that the marriage was a significant and long-lasting relationship.

Additional Considerations:

  • Full Retirement Age: To receive your full spouse’s benefit, you must wait until you reach your full retirement age. If you choose to receive benefits before reaching full retirement age, your benefit will be permanently reduced.
  • Child Care: If you are under full retirement age but care for a child who is younger than 16 or has a disability, you may be eligible to receive your full spouse’s benefit even if you haven’t reached full retirement age.
  • Combining Benefits: If you are eligible for retirement benefits on your own record, Social Security will pay that amount first. If your spouse’s benefits are higher than your own retirement benefits, you will receive a combination of benefits that equal the higher spouse’s benefit.

Resources:

Understanding the marriage requirements for Social Security spouse’s benefits is crucial for ensuring you meet eligibility criteria. By reviewing the general rule and exceptions, you can determine if you qualify for these benefits and plan accordingly for your retirement. Remember, if you have any questions or need further guidance, you can always contact the Social Security Administration for assistance.

On your own record, if you are qualified for retirement benefits, we will pay that sum first. You will receive a combination of benefits equal to the higher spouse benefit if your benefits as a spouse exceed your own retirement benefits.

Want to apply for either your or your spouse’s benefits? Are you at least 61 years and nine months old? If you answered yes to both, visit our website to get started today.

Are you divorced from a marriage that lasted at least 10 years? You may be able to get benefits on your former spouse’s record. You can find out more by visiting our Benefits For Your Family page for more information.

You might be eligible for benefits on your spouse’s record if you don’t have enough Social Security credits to be eligible on your own.

Up to half of what your spouse would be entitled to at full retirement age could be your full spouse’s benefit. You will receive a permanently reduced benefit if you decide to take your spouse’s benefits before you reach full retirement age.

Marriage has its perks

Regardless of which spouse has received a paycheck over the years, both spouses are covered by Social Security. A married individual is eligible to receive benefits based on their own earnings or the maximum amount of their spouse’s Social Security benefits (whichever is higher).

However, there is a catch: the spouse who is receiving benefits must be at least 62 years old or have a child who is either receiving Social Security disability benefits or is under 16 years old. Furthermore, regardless of age, a person cannot get spousal benefits until their spouse has applied for them. The spousal benefit will be decreased if you apply to withdraw your own Social Security benefits before reaching regular retirement age. However, if you are providing care for a qualifying child, the benefit is not diminished.

In addition to applying for benefits based on your spouse’s employment history, you apply for benefits for yourself. The government will calculate both scenarios. You’ll receive whichever benefit amount is higher. Keep in mind that receiving a spousal benefit does not lessen what the other spouse is entitled to.

Assume that your spouse is entitled to $400 per month based on their years of employment, while you are scheduled to receive $1,000 per month based on your work history. They receive $400 plus an extra $100, making their share of your benefit equal to half. The household’s monthly benefits would total $1,500. If your spouse receives $1,400 per month while you are entitled to $1,000 per month, you will still receive your benefit, but not half of your spouse’s because your benefit is greater than 25% of your spouse’s benefit. The total benefits for the household would be $2,400.

There is one more caveat. If you are employed by the government and receive a pension, and you are not required to pay into Social Security during that time, then the amount of your government pension will be deducted from both your benefits and your spouse’s benefits. This is known as the Government Pension Offset, or GPO. The GPO impacts spouses, widows and widowers.

Certain domestic partners and same-sex couples may also be qualified for spousal benefits. The Social Security Administration advises everyone to apply for benefits, even if they are unsure. You can do this online, over the phone, or in person at your neighborhood Social Security office.

You Only Have To Be Married ONE Year | Social Security Spousal Benefits

FAQ

Do you have to be married 10 consecutive years to collect Social Security?

In general, you may be eligible if you are married, divorced or widowed and your spouse was eligible for benefits. Those who apply for spousal benefits must have been married for at least one year. Your spouse must also have begun receiving Social Security benefits – unless you are widowed.

How long do you have to be married to get spouse’s Social Security?

What are the marriage requirements to receive Social Security spouse’s benefits? Generally, you must be married for one year before you can get spouse’s benefits. However, if you are the parent of your spouse’s child, the one-year rule does not apply.

Can a wife draw husband’s Social Security while he is alive?

Yes, you can collect Social Security’s on a spouse’s earnings record.

When a husband dies does the wife get his Social Security?

Surviving spouse, full retirement age or older — 100% of the deceased worker’s benefit amount. Surviving spouse, age 60 — through full retirement age — 71½ to 99% of the deceased worker’s basic amount.

How many social security benefits can a spouse receive?

Social Security benefits for spouses equal up to 50% of the other spouse’s (or ex-spouse’s) Social Security retirement benefit. The minimum required marriage length depends on whether the filer is married, caring for a dependent child or divorced. There are also age requirements.

How long do you have to be married to get Social Security?

How long does someone have to be married to collect Social Security spouse benefits? To receive a spouse benefit, you generally must have been married for at least one continuous year to the retired or disabled worker on whose earnings record you are claiming benefits. There are narrow exceptions to the one-year rule.

When can a spouse claim Social Security spousal benefits?

A spouse can claim Social Security spousal benefits as early as age 62, as long as the other spouse has already applied for benefits. You cannot claim benefits until your spouse has claimed benefits using their own record. This rule applies to both a current spouse and a divorced spouse.

How long do you have to be married to get benefits?

Generally, you must be married for one year before you can get spouse’s benefits. However, if you are the parent of your spouse’s child, the one-year rule does not apply.

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