In order to be eligible for a spouse benefit, you must typically have been married to the retired or disabled worker whose earnings record you are claiming benefits for for at least a year.
There are narrow exceptions to the one-year rule. For instance, if you were already receiving benefits or satisfied the requirements to receive benefits as a spouse (of someone else), divorced spouse, surviving spouse, parent, or disabled adult child, you may be eligible to receive benefits on the record of a new spouse.
Get a free second membership, an AARP the Magazine subscription, and immediate access to hundreds of discounts on products that are only available to members.
One of the most common questions people have about Social Security is how long they need to be married to receive a spouse’s benefits. The answer, as with many things related to Social Security, is “it depends.”
Generally, you must be married for one year before you can get spouse’s benefits. This is known as the “one-year marriage requirement.” However, there are a few exceptions to this rule.
Exceptions to the One-Year Marriage Requirement
- You are the parent of your spouse’s child. If you are the parent of your spouse’s child, you do not need to be married for one year to receive spouse’s benefits. This is because you are considered to have a “deemed marriage” to your spouse.
- 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. If you were entitled to certain benefits under Social Security or the Railroad Retirement Act in the month before the month you got married, you do not need to be married for one year to receive spouse’s benefits. This is because you are considered to have a “deemed marriage” to your spouse.
- You are divorced. If you are divorced, you must have been married to your spouse for at least 10 years to receive spouse’s benefits. This is known as the “10-year marriage requirement.”
Other Requirements for Spousal Benefits
In addition to the marriage requirements, there are a few other requirements that you must meet to receive spouse’s benefits. These requirements include:
- Your spouse must be eligible for Social Security benefits. This means that your spouse must have worked and paid Social Security taxes for a certain amount of time.
- You must be at least 62 years old. However, if you are caring for a child under the age of 16 who is receiving Social Security benefits, you can receive spouse’s benefits as early as age 60.
- You must not be receiving a higher Social Security benefit on your own work record. If you are receiving a higher Social Security benefit on your own work record, you will not be able to receive spouse’s benefits.
How to Apply for Spousal Benefits
If you meet the requirements for spousal benefits, you can apply online at the Social Security website or by calling the Social Security Administration at 1-800-772-1213. You will need to provide the following information when you apply:
- Your Social Security number
- Your spouse’s Social Security number
- Your date of birth
- Your spouse’s date of birth
- Your marriage certificate
- Your divorce decree (if you are divorced)
The requirements for receiving spouse’s benefits can be complex. If you are unsure whether you are eligible for benefits, you should contact the Social Security Administration for more information.
Frequently Asked Questions
How long do I have to be married to receive my spouse’s pension?
The answer to this question depends on the specific pension plan. Some pension plans have a one-year marriage requirement, while others have a 10-year marriage requirement. You should contact the pension plan administrator to find out the specific requirements.
Can I receive my spouse’s pension if we are divorced?
In most cases, you can receive your spouse’s pension if you are divorced. However, you must have been married to your spouse for at least 10 years to be eligible for benefits.
What happens to my spouse’s pension if they die?
If your spouse dies, you may be eligible to receive a survivor’s benefit. The amount of the survivor’s benefit will depend on your spouse’s earnings and the number of years you were married.
How can I find out more about spousal benefits?
You can find more information about spousal benefits on the Social Security Administration website or by calling the Social Security Administration at 1-800-772-1213.
I am the executor of a will and I am not sure what to do. What should I do?
If you are the executor of a will and you are not sure what to do, you should speak with an attorney. An attorney can help you understand your responsibilities and can guide you through the probate process.
I am the executor of a will and I am being sued by a beneficiary. What should I do?
If you are the executor of a will and you are being sued by a beneficiary, you should speak with an attorney. An attorney can help you defend yourself against the lawsuit and can protect your rights.
I am the executor of a will and I am not sure if I am doing a good job. What should I do?
If you are the executor of a will and you are not sure if you are doing a good job, you should speak with an attorney. An attorney can help you assess your performance and can provide you with guidance on how to improve.
Additional Resources
- Social Security Administration
- National Association of Estate Planners & Councils (NAEPC)
- American Bar Association (ABA)
- The Executor’s Handbook
- The Probate Process: A Step-by-Step Guide
The requirements for receiving spouse’s benefits can be complex. If you are unsure whether you are eligible for benefits, you should contact the Social Security Administration for more information.
There are narrow exceptions to the one-year rule. For instance, if you were already receiving benefits or satisfied the requirements to receive benefits as a spouse (of someone else), divorced spouse, surviving spouse, parent, or disabled adult child, you may be eligible to receive benefits on the record of a new spouse.
In order to be eligible for a spouse benefit, you must typically have been married to the retired or disabled worker whose earnings record you are claiming benefits for for at least a year.
Get a free second membership, an AARP the Magazine subscription, and immediate access to hundreds of discounts on products that are only available to members.
Generally speaking, spouse benefits are only available to married couples for a period of one year. Nevertheless, the one-year rule does not apply if you are your spouse’s parent. The same holds true if, in the month prior to the month of your marriage, you were qualified (or might have been qualified) for specific benefits under Social Security or the Railroad Retirement Act. To be eligible for spouse’s benefits, a divorced spouse has to be married for ten years.