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can my wife claim spousal benefits

by Mr. Jedidiah D'Amore DDS Published 3 years ago Updated 2 years ago
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You're eligible for spousal benefits if you're married, divorced, or widowed, and your spouse is or was eligible for Social Security. Spouses and ex-spouses generally are eligible for up to half of the spouse's entitlement. Widows and widowers can receive up to 100%.

Can a husband and wife both collect Social Security?

Whether a husband and wife can both collect Social Security depends on a few factors. The circumstances at play include what type of benefits one or both partners receive, their ages, and their total income. There are also situations where each partner is eligible to collect their own benefits, but it may make more sense for one partner to receive spousal benefits from the other.

How to maximize social security with spousal benefits?

According to the Social Security Administration, you may qualify for spousal benefits if:

  • Your spouse is already collecting retirement benefits.
  • You have been married for at least a year.
  • You are at least 62 years old (unless you are caring for a child who is under 16 or disabled).

Can couples still file and suspend Social Security?

The file and suspend Social Security strategy is no longer available for couples. This strategy allowed your spouse to collect a spousal benefit based on your earnings record while you delayed the start of your own benefits. The file and suspend strategy worked if you attained your full retirement age and suspended benefits prior to April 30, 2016.

How does social security work for married couples?

also allowed same-sex married couples to receive Social Security spousal benefits after being married for nine months. But what about those who had been in a long-term committed relationship that wasn’t recognized under federal law, and whose spouse died ...

What are the benefits of claiming spousal benefits?

What Are Social Security Spousal Benefits?

What are the rules for spousal benefits of Social Security?

What is the difference between spousal benefits and survivor benefits?

Can my wife claim spousal benefits before I retire?

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When can a spouse claim spousal benefits?

You must have been married at least 10 years. You must have been divorced from the spouse for at least two consecutive years. You are unmarried. Your ex-spouse must be entitled to Social Security retirement or disability benefits.

What are the rules for spousal benefits of Social Security?

To qualify for spouse's benefits, you must be one of these: At least 62 years of age. Any age and caring for a child entitled to receive benefits on your spouse's record and who is younger than age 16 or disabled.

How do you qualify for spousal benefits?

You qualify for spousal benefits if: Your spouse is already collecting retirement benefits. You have been married for at least a year. You are at least 62 years old (unless you are caring for a child who is under 16 or disabled, in which case the age rule does not apply).

Can my wife collect spousal Social Security benefits before I retire?

No. You have to be receiving your Social Security retirement or disability benefit for your husband or wife to collect spousal benefits.

When can a wife collect half of her husband's Social Security?

You can receive up to 50% of your spouse's Social Security benefit. You can apply for benefits if you have been married for at least one year. If you have been divorced for at least two years, you can apply if the marriage lasted 10 or more years. Starting benefits early may lead to a reduction in payments.

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

number 5 below). wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies. benefit on your record if you die before he does.

How does spousal benefit work?

The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.

How long do you have to be married to collect spousal benefits?

one continuous yearHow 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.

Can I switch from my Social Security benefit to a spousal benefit?

In this case, you can claim your own Social Security beginning at 62 and make the switch to spousal benefits when your husband or wife files. Social Security will not pay the sum of your retirement and spousal benefits; you'll get a payment equal to the higher of the two benefits.

Do married couples get 2 Social Security checks?

Not when it comes to each spouse's own benefit. Both can receive retirement payments based on their respective earnings records and the age when they claimed benefits. One payment does not offset or affect the other.

Can you collect 1/2 of spouse's Social Security and then your full amount?

If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount. These Social Security payments to family members will not decrease the amount of your retirement benefit.

What is the best Social Security strategy for married couples?

3 Social Security Strategies for Married Couples Retiring EarlyHave the higher earner claim Social Security early. ... Have the lower earner claim Social Security early. ... Delay Social Security jointly and live on savings or other income sources.

Claiming Social Security Spousal Benefits? These 3 Rules May Surprise ...

If you're married -- or divorced after at least 10 years of marriage -- you have more choices when it comes to your Social Security checks. Specifically, you may be better off claiming spousal ...

Ask Larry: Can My Wife File At 62 And Later Get Full Social Security ...

Hi Hal, Your wife cannot start drawing her own retirement benefits at 62 and later switch to a spousal benefit equal to 50% of your benefit amount when you start drawing your benefits.

What is the eligibility for Social Security spouse’s benefits and my ...

If you have not worked or do not have enough Social Security credits to qualify for your own Social Security benefits, you may be able to receive spouse’s benefits.

Collecting Social Security Benefits As A Spouse - AARP

Yes, you can collect Social Security's on a spouse's earnings record. You may be able to do this in the form of spousal benefits, or as survivor benefits if you are a widow or widower.. Depending on your age upon claiming, spousal benefits can range from 32.5 percent to 50 percent of your husband’s or wife’s primary insurance amount — the retirement benefit to which he or she is entitled ...

What happens if your spouse's retirement benefits are higher than your own?

If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit. Here is an example: Mary Ann qualifies for a retirement benefit of $250 and a spouse’s benefit of $400.

When will my spouse receive my full retirement?

You will receive your full spouse’s benefit amount if you wait until you reach full retirement age to begin receiving benefits. You will also receive the full amount if you are caring for a child entitled to receive benefits on your spouse’s record who is younger than age 16 or disabled.

How old do you have to be to get spouse's Social Security?

To qualify for spouse’s benefits, you must be one of these: At least 62 years of age.

How much does spousal benefit affect?

Depending on your age upon claiming, spousal benefits can range from 32.5 percent to 50 percent of your husband’s or wife’s primary insurance amount (the retirement benefit to which he or she is entitled at full retirement age, or FRA). Regardless of the amount of the spousal benefit, it does not affect the amount of your mate’s retirement payment.

How long do you have to be married to collect spousal benefits?

You qualify for spousal benefits if: Your spouse is already collecting retirement benefits. You have been married for at least a year. You are at least 62 (unless you are caring for a child who is under 16 or disabled, in which case the age rule does not apply).

How old do you have to be to receive survivor benefits?

You are at least age 60, unless you are disabled (then it’s 50) or caring for a child of the deceased who is under 16 or disabled (no age minimum). In most cases, survivor benefits are based on the benefit amount the late spouse was receiving, or was eligible to receive, when he or she died.

What percentage of survivor benefits are based on a child?

If the survivor benefit is based on your caring for a child, you receive 75 percent of the deceased’s benefit, ...

What is survivor benefit based on?

In most cases, survivor benefits are based on the benefit amount the late spouse was receiving, or was eligible to receive, when he or she died.

How much of a survivor's Social Security benefit do you get if you have a child?

If the survivor benefit is based on your caring for a child, you receive 75 percent of the deceased’s benefit, regardless of your own age when you file. Keep in mind. Your spousal benefit is not affected by the age at which your husband or wife claimed Social Security benefits.

Does Social Security increase if late spouse files for FRA?

With survivor benefits, if your late spouse boosted his or her Social Security payment by waiting past FRA to file, your survivor benefit would also increase. Your spousal or survivor benefits may be reduced if you are under full retirement age and continue to work. Social Security is phasing in the FRA increase differently for different types ...

How old do you have to be to claim spousal benefits?

To claim a spousal benefit based on an ex-spouse's earnings record, your ex-spouse has to be 62 and eligible for benefits, but there is no requirement that they must have already filed for benefits. 1 . To claim a spousal benefit based on your current spouse's earnings record, your current spouse must have filed for their own benefits already ...

What happens if my spouse has already filed for spousal support?

If your spouse has already filed, you will automatically receive the larger of your own or the spousal benefit. If your spouse has not filed yet but you have, when your spouse files, the deemed filing rules come into play.

What is deemed filing for Social Security?

Deemed Filing Rules. When you file for your Social Security retirement benefits you are deemed to be filing for both your own benefit and a spousal benefit, and you will be given the higher of the two. 3 .

Do you file for spousal or own Social Security?

When you file for your Social Security retirement benefits you are deemed to be filing for both your own benefit and a spousal benefit, and you will be given the higher of the two. 3 

Can a spouse file for spousal benefits?

There used to be a strategy for married couples called " file and suspend " where one spouse would file but immediately suspend their benefits, which allowed the other spouse to file for spousal benefits. However, this strategy is no longer available. Due to Social Security laws that were passed in November 2015 anyone who suspends benefits after April 30, 2016, will end up suspending all benefits based on their record — which means a spouse cannot collect spousal benefits during a time when their spouse has "suspended" benefits. 3 

Is Social Security confusing?

Social Security spousal benefits are confusing, and among the most common thing readers ask about. The most frequent cause for confusion comes from one small difference between benefits for a spouse versus an ex-spouse.

Can I switch from my own Social Security benefit to a spousal benefit?

You can only switch from your own Social Security benefits to spousal benefits if your spouse hasn't yet begun claiming benefits. 5 If you are eligible for Social Security benefits and spousal benefits at the time you initially file, then you will be given the higher of the two options. 3

How much of my spouse's retirement is my full benefit?

Your full spouse’s benefit could be up to 50 percent of your spouse’s full retirement age amount if you are full retirement age when you take it. If you qualify for your own retirement benefit and a spouse’s benefit, we always pay your own benefit first. You cannot receive spouse’s benefits unless your spouse is receiving his or her retirement ...

What is the maximum survivor benefit?

The retirement insurance benefit limit is the maximum survivor benefit you may receive. Generally, the limit is the higher of: The reduced monthly retirement benefit to which the deceased spouse would have been entitled if they had lived, or.

What happens if you take your reduced retirement first?

If you took your reduced retirement first while waiting for your spouse to reach retirement age, when you add spouse’s benefits later, your own retirement portion remains reduced which causes the total retirement and spouses benefit together to total less than 50 percent of the worker’s amount. You can find out more on our website.

Can my spouse's survivor benefit be reduced?

On the other hand, if your spouse’s retirement benefit is higher than your retirement benefit, and he or she chooses to take reduced benefits and dies first, your survivor benefit will be reduced, but may be higher than what your spouse received.

How much is spousal benefit?

The spousal benefit can be as much as half of the worker's " primary insurance amount ," depending on the spouse's age at retirement. If the spouse begins receiving benefits before " normal (or full) retirement age ," the spouse will receive a reduced benefit. However, if a spouse is caring for a qualifying child, the spousal benefit is not reduced.

What is the reduction factor for spousal benefits?

For a spouse who is not entitled to benefits on his or her own earnings record, this reduction factor is applied to the base spousal benefit, which is 50 percent of the worker's primary insurance amount. For example, if the worker's primary insurance amount is $1,600 and the worker's spouse chooses to begin receiving benefits 36 months ...

Can a spouse reduce their spousal benefit?

However, if a spouse is caring for a qualifying child, the spousal benefit is not reduced. If a spouse is eligible for a retirement benefit based on his or her own earnings, and if that benefit is higher than the spousal benefit, then we pay the retirement benefit. Otherwise we pay the spousal benefit. Compute the effect of early retirement ...

How much does a surviving spouse get?

The amount varies between 75% and 100% of the deceased worker's monthly amount.

How to apply for spouse's disability?

If your husband or wife's disability claim has already been approved, call the Social Security Administration (SSA) at (800) 772-1213 to apply for the spouse's S SDI benefit. You must provide the SSA with your birth certificate, your marriage certificate, your Social Security number (and that of the disabled worker), and your bank's routing information for direct deposit. If you are applying for a survivors benefit, you will also need to provide your deceased spouse or ex-spouse's death certificate or other proof from the funeral home.

How much disability benefits do I get if I'm still living?

If the disabled worker is still living, a spouse generally receives 50% of the disabled worker's primary insurance amount (the amount of the husband or wife's monthly SSDI check), although if the disabled worker's children are collecting benefits at the same time, the spouse's benefit can be reduced. The total of the spouse's benefit and the children's benefit cannot be greater than the maximum family benefit, which is generally 150% of the disabled worker's monthly SSDI benefit. (Note that the benefits paid to a divorced spouse based on being over 60 or disabled are not counted toward the maximum family benefit and won't affect a current spouse's or child's benefits. However, benefits paid to a divorced spouse who is collecting a mother's or father's benefit are counted toward the maximum family benefit.)

What happens if a disabled person dies while receiving Social Security?

In addition, if a disabled worker dies while receiving Social Security benefits, the surviving spouse will receive a death benefit worth several hundred dollars if the surviving spouse was living in the same household.

How long can a spouse be married?

Spouses married for at least a year, divorced spouses who were married at least 10 years, and surviving spouses can be entitled to benefits based on the earnings record of the disabled spouse (or disabled ex-spouse).

What happens if a spouse gets divorced and remarried?

If a surviving divorced spouse gets remarried before age 60, however, Social Security benefits will be deni ed (unless the spouse was between 50 and 60 and disabled at the time of marriage). If the surviving divorced spouse gets divorced after age 60 (or age 50 if disabled), the Social Security Administration (SSA) will ignore the marriage.

How old is a spouse on Social Security?

If a spouse was married for at least a year to a disabled worker who died while receiving Social Security disability benefits, the surviving spouse can get benefits in either of these circumstances: The surviving spouse is 60 years old or older. The surviving spouse is disabled and between 50 and 60.

How to apply for spousal benefits?

You can expect the following when applying for Social Security spousal benefits: 1 You can receive up to 50% of your spouse’s Social Security benefit. 2 You can apply for benefits if you have been married for at least one year. 3 If you have been divorced for at least two years, you can apply if the marriage lasted 10 or more years. 4 Starting benefits early may lead to a reduction in payments. 5 If you have a work history, you’ll receive either your benefit or the spousal benefit, whichever is greater. 6 To be eligible, your working spouse will need to have already claimed benefits.

How long do you have to be married to receive spousal benefits?

You will still need to be married for at least one year before applying for benefits. Spousal benefits differ from personal benefits when it comes to delaying payments. If you delay personal benefits past full retirement age, the benefit increases over time. However, spousal benefits max out at full retirement age.

What happens if you remarry and your spouse passes away?

If your spouse passes away and you get remarried, the benefits could change. “The important thing to remember in receiving survivor benefits is that if you remarry before age 60, this will cut off your eligibility to collect on your deceased spouse’s or deceased ex-spouse’s record,” Barzideh says. “This could be a very expensive decision, because while a spousal benefit entitles you to 50% of the other spouse’s benefits, a survivor benefit would entitle you to 100% of those benefits.”

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

You should be married for at least one year before applying for Social Security benefits. “You are eligible for spousal benefits if your spouse has filed for Social Security benefits and you are at least age 62,” Moraif says.

How long do you have to be divorced to get a divorce?

In addition, you’ll need to have been divorced for at least two years and be currently unmarried. “Both you and your ex-spouse must be at least 62,” says Ben Barzideh, a wealth advisor at Piershale Financial Group in Barrington, Illinois.

Do you get spousal benefits if you have a work history?

If you have a work history, you’ll receive either your benefit or the spousal benefit, whichever is greater.

How much is spousal benefit?

Depending on how old you are when you file, the spousal benefit amount will range between 32.5% and 50% of the higher-earning spouse’s full retirement benefit. Check out the chart below to get an idea of how the benefit works and what your payment might be if you can take advantage ...

How long do you have to be married to qualify for spousal benefits?

You may also qualify for the spousal benefit If you’re divorced but the marriage lasted for at least 10 years and you’re not currently married.

What Does It Take to Qualify for Social Security Spousal Benefits?

Unlike most rules related to Social Security, the rules for the spousal benefit entitlement are pretty straightforward and easy to understand.

How many people receive Social Security benefits as a spouse?

A recent Social Security report found that 2.3 million individuals received at least part of their benefit as a spouse of an entitled worker. Some of these spouses had benefits of their own, but were eligible to receive higher benefit because the spousal benefit amount was greater than their own benefit. Others never worked outside the home ...

What is the most generous benefit available to retirees?

What’s one of the most generous benefits available to retirees? That’s easy. It’s Social Security spousal benefits ! These benefits are some of the most important, too.

What is Julie's reduction to her own benefit?

This means that Julie’s reduction to her own benefit would be based on her age when she filed for her benefit. However, her reduction to the spousal benefit would be based on her age when Joe filed for his benefit. So, if Julie filed when she was 62, her own benefit would be reduced.

How much of my spouse's Social Security is my full retirement?

Remember, in that case, it’s between 32.5% and 50% of the higher-earning spouse’s full retirement age benefit, depending on your filing age. However, it can seem a little more complicated if you have Social Security benefits from your work history.

How to calculate spousal pension?

Eight years later when Kate's husband turns age 70, he applies for his retirement benefits. Kate's husband's PIA is $2,000, and Kate's spousal benefit would be calculated by subtracting her PIA from 50% of her husband's PIA, which would amount to $400 (i.e. $2,000 / 2 – $600) in this example. Kate would then be paid a combined benefit rate equal to the sum of her reduced retirement rate and her spousal rate, or $840 (i.e. $440 + $400) in this example.

How much Social Security benefits are withheld?

Basically, Social Security would need to withhold $1 of benefits for each $2 or $3 that you earn in excess of the exempt amount, which could cause your benefit payments to be suspended for part of a year or the entire year depending on how much you earn. And if any of your benefits are withheld prior to FRA, your benefit rate could be recalculated effective at FRA to remove some or all of the reduction that was applied to your benefit rate for starting to draw early. Best, Larry

How long to wait to retire if divorced?

I don't know what your circumstances are, but assuming that your own retirement benefit rate is higher than your divorced spousal rate, you should think long and hard before deciding to switch to your retirement benefit based on your own record prior to 70. Your own retirement rate would continue to grow by 8% per year until you reach 70 as long as you don't opt to start drawing your own benefits until then, so there's a very good chance that waiting until 70 might be the best way to maximize your benefits if you are able to delay them. Best, Larry

What is WEP in Social Security?

The Windfall Elimination Provision (WEP) can result in the use of a less generous Social Security retirement benefit calculation formula for people who receive a pension based on their work that was exempt from Social Security taxes.

Can I file for spousal benefits at age 70?

Hi Carla, You can't file for spousal benefits prior to full retirement age (FRA) without also being deemed to file for retirement benefits on your own record, but assuming that you were born prior to 1/2/1954, you could file a restricted application just for spousal benefits only at your FRA and still allow your own retirement benefits to grow until 70. This may well be your optimal strategy, but you may want to consider using maximization software to be sure. Best, Larry

Can I suspend my Social Security benefits if I work before FRA?

Hi Jeff, If you start drawing reduced benefits prior to your full retirement age (FRA), you can't voluntarily suspend your benefits until you reach FRA. Your benefits could be involuntarily suspended, though, if you return to work prior to FRA and earn more than the Social Security earnings test exempt amount.

Can I file for spousal benefits before full retirement age?

Thanks, Carla. Hi Carla, You can't file for spousal benefits prior to full retirement age (FRA) without also being deemed to file for retirement benefits on your own record, but assuming that you were born prior to 1/2/1954, you could file a restricted application just for spousal benefits only at your FRA and still allow your own retirement ...

What are the benefits of claiming spousal benefits?

One of the biggest benefits of claiming spousal benefits is the fact that you can receive 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 the work history of your spouse. This can provide a tremendous financial benefit to married couples during retirement. Even if you qualify for your own benefits, spousal benefits might provide a higher payment amount if you earned a low income or only worked part-time during your working years.

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. 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 her own benefits. Husbands were not allowed to claim spousal benefits until 1950.

What are the rules for spousal benefits of Social Security?

To qualify for spousal benefits, you must be at least age 62, and your spouse must already be receiving 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, then you can go ahead and claim spousal benefits as long as your ex-spouse is eligible to apply for benefits. They do not necessarily have to be receiving benefits already.

What is the difference between spousal benefits and survivor benefits?

Spousal benefits are paid to the spouse or ex-spouse of a primary beneficiary who is still living. These benefits can be up to 50% of the primary insurance amount if the spouse waits until full retirement age to start the spousal benefits. Survivor benefits, on the other hand, 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. Promptly notifying SSA of the death will ensure that you receive the higher benefit amount as quickly as possible.

Can my wife claim spousal benefits before I retire?

No, if you are currently married, then you must be receiving Social Security retirement benefits before your wife can apply for spousal benefits. You can no longer apply for benefits and suspend your benefits to a later time, thus allowing your wife to go ahead and 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, then your wife would be able to claim survivor benefits upon reaching age 60.

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Spousal Benefits For Spouses Versus Ex-Spouses

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To be eligible for a spousal benefit, your spouse must have filed for their own benefits. An ex-spouse is exempt from that rule.
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Deemed Filing Rules

  • When you file for your Social Security retirement benefits you are deemed to be filing for both your own benefit and a spousal benefit, and you will be given the higher of the two.3 If you were born on or before Jan. 1, 1954, and you are full retirement age (FRA) or older, you can specify on your application that it is a restricted applicationand then you can choose to claim either your own be…
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Excess Spousal Or Supplemental Spousal Benefit

  • Normally a spousal benefit is 50% of the spouse's FRA benefit amount, reduced if the spouse claiming the spousal benefit is filing for benefits early.7 If one spouse is already receiving their own benefits, and later becomes eligible for a spousal benefit, there is a formula that is used to determine what amount of spousal benefit (if any) they ma...
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Further Resources

  • The calculations for spousal benefits are confusing and may require help from Social Security or a third-party expert. If you want to read more about how spousal benefits work, go to these resources on the Social Security website: Benefits for Spouses—This page also has a calculator that computes the effect of early retirement. Benefits Estimator—This page takes you to Social …
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