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what are the rules for spousal benefits of social security

by Jules Casper DDS Published 2 years ago Updated 2 years ago
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7 Social Security Spousal Benefit Rules Every Couple Should Know

  1. You can get up to 50% of your spouse’s full benefit. The maximum spousal benefit is 50% of your spouse’s primary insurance amount. ...
  2. You don’t get to claim both benefits. Sorry, but the perks of marriage don’t include double-dipping. ...
  3. There’s no extra credit for waiting past full retirement age for spouses. ...

More items...

Who is eligible for spousal Social Security 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.
Feb 10, 2022

Full Answer

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).

Who qualifies for Social Security 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. How Much Is the Social Security Spousal Benefit? If you’re eligible and can qualify, the spousal benefit can be as much as 50% of the higher-earning spouse’s full retirement age benefit.

How couples can maximize social security benefits?

You can expect the following when applying for Social Security spousal benefits: To make the most of your spousal Social Security benefit, it can be helpful to be aware of the amount you might be ...

How much can a married couple get from Social Security?

You may need to produce these documents when you apply

  • Your Social Security card.
  • An original birth certificate or other proof of your birth.
  • A copy of your W-2 form or self-employment tax return for the previous year.
  • Your marriage certificate.
  • If you weren't born in the United States, proof of U.S. citizenship or lawful alien status.

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Do I qualify for spousal Social Security benefits?

Benefits For Your Spouse Even if they have never worked under Social Security, your spouse may be eligible for benefits if they are at least 62 years of age and you are receiving retirement or disability benefits. Your spouse can also qualify for Medicare at age 65.

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

You can claim spousal benefits as early as age 62, but you won't receive as much as if you wait until your own full retirement age. For example, if your full retirement age is 67 and you choose to claim spousal benefits at 62, you'd receive a benefit that's equal to 32.5% of your spouse's full benefit amount.

What are the rules for collecting your spouse's 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.

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

The most you can collect in spousal benefits is 50 percent of your spouse's monthly benefit at full retirement age (the age at which a person becomes eligible for 100 percent of the benefit calculated from their lifetime earnings).

Can I collect ex spousal benefits and wait until I am 70 to collect my own Social Security?

You can only collect spousal benefits and wait until 70 to claim your retirement benefit if both of the following are true: You were born before Jan. 2, 1954. Your spouse is collecting his or her own Social Security retirement benefit.

What percentage of Social Security benefits does a widow receive?

Widow or widower, full retirement age or older—100% of your benefit amount. Widow or widower, age 60 to full retirement age—71½ to 99% of your basic amount. A child under age 18 (19 if still in elementary or secondary school) or has a disability—75%.

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.

Can I take my Social Security at 62 and then switch to spousal benefit?

Only if your spouse is not yet receiving retirement benefits. 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.

Can I collect my deceased husband's Social Security and still work?

No! The restoration of benefits lost to the earnings test is associated with the specific benefit you're filing for. In your case, it's a survivor's benefit. So, any future restorations will be to your survivor's benefit.

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.

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.

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.

How old do you have to be to apply for retirement?

If you are at least 62 years of age and you wish to apply for retirement or spouse’s benefits, you can use our online retirement application to apply for one or both benefits.

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

You must have been married for over 10 years to get this income. 2. You also must be age 62 to file for or receive a spousal benefit. You can also wait longer. If you wait until you are at full retirement age (up to 67, depending on when you were born) to file, you will get a larger amount than if you file sooner. 3.

How much of my spouse's Social Security is based on my work history?

If you take the benefits based on your spouse's work history and earnings, you will get 50% of the amount of your spouse’s Social Security benefit. This amount is calculated their full retirement age, or FRA. FRA depends on when you were born. You can check the Social Security website to find out how old you or your spouse need to be to reach FRA.

How much life insurance can a married couple get?

In many cases, it can provide $50,000 to $250,000 of life insurance. Married couples should plan how to get the most out of both their spousal and survivor benefits.

How much life insurance can a married couple get if they delay Social Security?

In many cases, it can provide $50,000 to $250,000 of life insurance. Married couples should plan how to get the most out of both their spousal and survivor benefits.

What happens to Social Security when a spouse dies?

When a person dies, their current or former spouse can often start getting their Social Security benefits. Whether this happens depends on several different factors.

Do you lose Social Security if you retire early?

Social Security is based on your lifetime earnings. Anyone will lose part of their own benefit if they retire early. If you begin getting a spousal benefit before you reach your FRA, your benefit will be permanently lower. This is true unless you’re caring for a qualifying child.

Does spousal benefit reduce or change amount?

Taking a spousal benefit does not reduce or change the amount your current spouse, ex-spouse, or ex-spouse's current spouse may receive.

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

The spouse must be at least 62 years old or have a qualifying child – a child who is under age 16 or who receives Social Security disability benefits – in his or her care.

What is the maximum amount of benefits a spouse can receive?

Note that the maximum benefit for a spouse is 50% of their spouse’s benefit. That means that your spouse would have had to earn a substantial amount more over his or her working life to make that benefit higher ...

How long do you have to wait to apply for Social Security?

You can first apply for Social Security if you are no more than three months away from age 62. But your benefits increase significantly if you wait until you reach full retirement age, which can be 66 or 67, depending on your year of birth. To apply for spousal benefits, go to the Social Security Administration (SSA) website.

How much Social Security can a widow receive?

Widows and widowers may be able to receive up to 100% of the deceased spouse's Social Security benefit. Social Security uses a formula for families with more than one eligible dependent to calculate maximum benefits.

Can a spouse receive a survivor's benefit if they remarry?

If the surviving spouse remarries at age 60 or older, he or she can still receive the survivor benefit. However, remarrying before age 60 eliminates eligibility to collect the deceased spouse’s benefit.

Can same sex couples get Social Security?

Both opposite-sex and same-sex married couples are eligible for Social Security spousal and dependent benefits. So are some individuals in legal relationships such as civil unions and domestic partnerships. And those who were married for at least 10 years and have been divorced for at least two years also can apply.

Is Social Security complicated for married people?

Social security is complicated for individual filers, and being married can make it even more complicated. That’s because Social Security includes benefits for the spouse as well as the individual. When an individual files for retirement benefits, that person’s spouse may be eligible for a benefit based on the worker's earnings according to ...

What happens if your spousal benefit is larger?

If your spousal benefit is larger, you will receive a combination of benefits that total that amount.

What is the full retirement age for Social Security?

Full retirement age, for Social Security purposes, is between 66 and 67, depending on your year of birth. 2 . One exception: If you are caring for your spouse's child who is under age 16 or who receives Social Security disability benefits, you can collect spousal benefits at any age without a reduction. 3 . ...

Can a spouse apply for Social Security based on their own work record?

Spouses who aren't eligible for Social Security on their own work record can apply for benefits based on the other spouse's record.

Can you collect spousal benefits on your own?

However, only one person per couple may collect spousal benefits while earning delayed retirement credits on his or her own account. And, to repeat, this option is no longer available to anyone who wasn't born on or before Jan. 1, 1954.

How old do you have to be to file for spousal benefits?

Social Security spousal benefits are available to current spouses and widowed spouses. You must be at least 62 years old to file for a spousal benefit. Also, your spouse has to have filed for their Social Security Benefit first.

How much is spousal benefit reduced?

Specifically, your spousal benefit will be reduced by approximately 0.7% (25/36 of 1%) for each month before your FRA. If you file for benefits more than 36 months before your FRA, then your benefit will be reduced by approximately 0.4% (5/12 of 1%) for each month after 36 months.

How much is my spouse's FRA benefit?

So, let’s say your spouse retires at his or her FRA and is eligible for a benefit of $1,600. Then, you would in turn be eligible at your FRA for $800. If you contributed to Social Security, you may wonder if your spousal benefit will be higher than your own benefit. Thankfully, you don’t need to worry.

How to save for retirement?

Tips for Saving for Retirement 1 All of the age thresholds and eligibility requirements and conditions for your Social Security benefits can be a bit overwhelming. If so, you may want to look at our Social Security calculator. You can fill in your information, and we’ll do the rest. 2 In any retirement conversation, it’s always important to be mindful of the retirement tax laws in the state you live in. Taking your state’s laws into account can make a significant difference as you plan for retirement. 3 If you already have some money to spare, you could save even more by finding a financial advisor. A financial advisor can take a comprehensive look at your finances and determine where you can cut expenses and save more. To find the right advisor, you can use SmartAsset’s free financial advisor matching tool. You can answer a series of questions about your financial goals and situation. Then, the tool will match you with three qualified financial advisors in your area.

Does Social Security determine spousal benefit?

Social Security will automatically determine which is higher between your benefit or your spousal benefit. Then, you will receive the higher amount. There are a couple specific details that can alter the amount of your spousal benefit.

Does Social Security make a difference in retirement?

However, there are some lesser known features of Social Security that can make a big difference for your retirement. Social Security spousal benefits are just one of these features. Intended for married couples with a sole or primary breadwinner, spousal benefits can significantly increase the amount of money you have coming in during retirement.

Can you fill in your retirement information?

You can fill in your information, and we’ll do the rest. In any retirement conversation, it’s always important to be mindful of the retirement tax lawsin the state you live in. Taking your state’s laws into account can make a significant difference as you plan for retirement.

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 ...

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.

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.

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 ...

What is the 1 year requirement for Social Security?

The 1-year requirement is also waived if you were entitled (or potentially entitled!) to Social Security benefits on someone else’s work record in the month before you were married. An example of these benefits would be spousal benefits, survivor benefits or parent’s benefits.

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 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.

Different Social Security rules apply if you're claiming benefits as a spouse

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 benefits based on your husband or wife's work, record rather than claiming your own benefit.

1. Early filing penalties reduce your monthly income

Spousal benefits could be worth up to 50% of your husband or wife's standard benefit (this is the amount your partner would receive at their full retirement age). So if your spouse whose record you are claiming benefits on was eligible for a monthly payment of $1,500, you could receive up to $750 per month in spousal benefits.

2. You can't claim your spousal benefits until your spouse has

If you're eager to claim spousal benefits, you may be faced with an unpleasant surprise if your partner is putting off filing for their own checks. That's because you can't claim until the primary earner starts getting their own Social Security retirement money.

3. You can't earn delayed retirement credits even though your spouse can

A primary earner claiming benefits on their own work history can actually increase the amount of money they get above and beyond their standard benefit amount.

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Why did the spousal benefits change?

What is the reason for this change? Historically, if spousal benefits were higher than their own retirement benefit, they received a combination of benefits equaling the higher benefit. This change in the law preserves the fairness of the incentives to delay, but it means that you cannot receive one type of benefit while at the same time earning a bonus for delaying the other benefit.

When is deemed filing for retirement?

Deemed filing applies at age 62 and extends to full retirement age and beyond. In addition, deemed filing may occur in any month after becoming entitled to retirement benefits.

What is a suspended retirement?

A worker at full retirement age or older applied for retirement benefits and then voluntarily suspended payment of their retirement benefits.

How old is Maria's husband?

Her husband, Joe, is 65. They have each worked enough years to earn a retirement benefit. In March of 2020, Maria has reached her full retirement age and files for benefits. Maria is eligible for a spousal benefit on Joe’s record. Maria must file for both benefits.

Can a spouse receive spousal benefits at full retirement age?

Previously some spouses received spousal benefits at full retirement age, while letting the retirement benefits based on their earnings record grow by delaying to file for benefits.

Does Jennie receive her own retirement?

She does not start her own retirement benefit, allowing it to grow. At age 70, she starts her own increased retirement benefit, which she will receive for the rest of her life. The new law does not affect her because deemed filing does not apply to widows and widowers. Jennie will receive the higher of the two benefits.

Can you continue to receive spousal benefits if you have suspended your benefits?

If you have suspended your benefits, you cannot continue receiving other benefits (such as spousal benefits) on another person’s record.

What is the maximum spousal benefit?

The maximum spousal benefit is 50% of your spouse’s primary insurance amount. That’s the benefit they’ll qualify for once they’re full retirement age, which is 67 for anyone born in 1960 or later.

Can I claim disability on my spouse's record?

You can’t take disability on someone else’s record, including a spouse’s.

Does marriage include double dipping?

Sorry, but the perks of marriage don’t include double-dipping. Social Security will give you whichever is higher: your own benefit or your spouse’s benefit, but not both.

Can you get delayed retirement if you are taking spousal benefits?

But if you’re taking spousal benefits, you can’t earn delayed retirement benefits. Your benefits will max out once you reach full retirement age.

Do you get more Social Security if you are married?

You don’t automatically get more Social Security benefits just because you’re married. Many, if not most, people will get the biggest benefit by claiming on their own record.

Can a widow remarry?

There’s also an exception to the remarriage rule for surviving spouses: Widowed and ex-spouses who qualify for survivor benefits can remarry at 60 (or 50 if disabled) and continue to receive their late spouse’s benefits.

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