Key Points
Answering four simple questions can help you determine if you’re eligible for Social Security spousal benefits.
Spousal benefits are available for some divorced spouses, too.
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Work for years. Decide to retire. Claim Social Security. Those are the steps most people think about with Social Security retirement benefits. However, there’s also another path.
Social Security offers spousal benefits for eligible individuals. These benefits allow a person to claim benefits based on their spouse’s work records. Do you qualify for Social Security spousal benefits? To find out, answer the following four questions.
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1. How long have you been married?
With the word “spousal” describing these benefits, you’d be correct to assume that you need to be currently or formerly married to be eligible. For those who are currently married, the marriage needs to have occurred at least a year earlier to qualify for benefits based on your spouse’s work record. However, there are some exceptions.
For example, if you’re the parent of your spouse’s child, you don’t have to have been married for at least one year to potentially be eligible for spousal benefits. The one-year rule also doesn’t apply if you were entitled to certain benefits under Social Security or the Railroad Retirement Act in the month preceding the month you were married.
2. Is your spouse receiving Social Security benefits?
If the answer is no, you won’t be able to collect spousal benefits. Instead, you’ll have to wait until your spouse claims Social Security benefits.
3. Are you at least 62 years old?
Ordinarily, you’ll need to be at least 62 years old to begin collecting spousal benefits. This is the earliest age at which any Social Security retirement benefits can be claimed.
However, there is an exception to this requirement. If you have a child younger than 16 in your care, you can claim spousal benefits. Also, if you have a child of any age who has a disability and is entitled to Social Security benefits on your spouse’s record, you can claim spousal benefits.
Note that your benefits will be reduced if you begin receiving spousal benefits before your full retirement age, though. The official full retirement age for those born in 1960 or later is 67. Again, though, there’s an exception. If you’re caring for a qualifying child, your spousal benefit won’t be reduced.
4. Is your own benefit lower than the spousal benefit you would receive?
If you qualify for spousal benefits, you can receive as much as half of your working spouse’s primary insurance amount (PIA). This amount will vary depending on when your spouse begins receiving Social Security benefits.
What if you’re also eligible for Social Security benefits based on your own work record? Social Security will pay those benefits first. If your spousal benefit would be higher than your own benefit amount, you’ll get extra money to bring you up to the higher benefit of the two.
Spousal benefits are available for some divorced spouses, too
Those four questions can help you determine if you’re eligible for spousal benefits based on your current spouse’s work record. But spousal benefits are available for some divorced spouses, too.
Importantly, to claim on a divorced spouse’s work record, you must have been married for at least 10 years. Some non-marital legal relationships can also count. You must also have been divorced for at least two years and can’t be married when you apply for benefits. You will have to be at least age 62 as well, unless you’re caring for a child younger than age 16 or a child with a disability.
One restriction for married spouses that doesn’t apply to divorced spouses, though, is that the ex-spouse doesn’t have to be collecting retirement benefits. The former spouse only has to be eligible for retirement benefits, which means they must be at least 62.
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