Understanding what your Social Security benefit will look like can be complicated as a single adult, but it's even tougher when you're married. Not only could you be eligible for a retirement benefit, you may qualify for a spousal benefit as well.
Social Security Administration (SSA) formulas play a big role in the type and size of the benefit you receive, but your choices matter a lot, too. Familiarizing yourself with the following five spousal Social Security benefit rules is a must if you and your spouse hope to take home the largest possible benefits.
Image source: Getty Images.
1. You may not be eligible right away
To qualify for Social Security spousal benefits, it's not enough to be over the minimum age of 62 while married to a worker who is collecting a retired worker benefit. You have to be married for at least one year before you can claim a spousal benefit based on your partner's work history.
However, there are a couple of exceptions if:
- You are the parent of your spouse's child
- You were entitled or potentially entitled to Social Security or Railroad Retirement Act benefits in the month before you were married
In either of these cases, you become eligible for spousal benefits as soon as your marriage is official.
2. The worker must apply first
The primary spouse must also claim their retired worker benefit before you can apply for a spousal benefit. In the past, it was possible for one spouse to file and immediately suspend their benefit, which allowed their partner to claim spousal benefits while the retired worker didn't receive anything. The government has closed this loophole.
If you're eligible for a retired worker benefit, though, you can claim that once you turn 62 or at any point thereafter. Then, once your spouse eventually claims Social Security, you may be able to switch to a spousal benefit if it's higher (more on this below).
3. You may not get a spousal benefit, even if you qualify for one
Your spousal benefit is worth up to one-half of your partner's primary insurance amount. This is the benefit they qualify for at their full retirement age (FRA), which is 67 for most workers today.
The SSA automatically gives you the larger of your own retirement benefit or your spousal benefit. So if you're eligible for both and your retired worker benefit is larger, you won't get a spousal benefit even if you're technically eligible.
It's important to note that if you claim your own retirement benefit first and your spouse applies later, the SSA should automatically adjust your payment if your spousal benefit is higher. Processing errors do happen, though, so it's still a good idea to follow up with the SSA to ensure you get the higher amount.
4. Ex-spouses can qualify in some circumstances
You may qualify for spousal benefits on your ex-partner's work record if you meet the following criteria:
- You're 62 or older, or you're caring for your ex's disabled child or minor child under 16
- You were married to your ex for at least 10 years before divorcing
- You have not remarried
It doesn't matter if your ex has remarried. You will still be able to claim spousal benefits if you check the boxes above, and your ex's new spouse will also be eligible for a spousal benefit.
If you're claiming on your ex's work record, you also don't have to wait until they apply to claim spousal benefits. If they're already on Social Security, you can apply as soon as you turn 62. If they're not already claiming, you only have to wait until you're old enough and have been divorced for at least two years.
If you later remarry, you'll become ineligible to claim spousal benefits on your ex's record. Instead, you can become eligible for benefits based on your new spouse's record. Of course, you'll always be eligible for your own retirement benefit, assuming you worked long enough to get one.
5. You claiming early won't reduce your partner's spousal benefits
If a qualifying worker claims Social Security before full retirement age, they can reduce their retirement benefit by up to 30% from their primary insurance amount. On the bright side, this early claim won't affect the spousal benefit their partner is entitled to. However, if the spouse also claims their spousal benefit before full retirement age, there are early filing penalties.
Survivor benefits are a different animal, though. These are the benefits you're entitled to after your spouse passes away. Anyone claiming a retirement benefit early will reduce the corresponding survivor benefit their spouse may qualify for, so that's something to weigh when deciding the optimal time to file.
It's best for spouses to work together to decide when each person will apply for benefits. By making sure you're on the same page, you'll be able to better estimate how much you'll get from the program and how much of your retirement expenses you'll need to cover on your own.
