What are the marriage requirements to receive Social Security spouse’s benefits?  · FAQ (2023)

FAQs

What are the requirements for receiving your spouse's Social Security? ›

When a worker files for retirement benefits, the worker's spouse may be eligible for a benefit based on the worker's earnings. Another requirement is that the spouse must be at least age 62 or have a qualifying child in her/his care.

Past and present marital status determines potential benefit eligibility (typically, one must be currently married, widowed, or have had a 10-year marriage to qualify), and the benefit amount is based on a person's lifetime earnings record in relation to a current or former spouse.

For an eligible beneficiary who claims Social Security upon reaching full retirement age in 2023, the highest possible monthly payment is $3,627. For one who does so at age 70, it's $4,555. If they qualify based on their own work histories, a married couple can each receive the maximum individual retirement benefit.

Social Security Program Rules

A wife generally must be married to the insured worker for at least 1 continuous year before she can receive benefits based on her husband's record.

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.

To be eligible, you must have been married to your ex-spouse for 10 years or more. If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death.

You must have worked and paid Social Security taxes in five of the last 10 years. If you also get a pension from a job where you didn't pay Social Security taxes (e.g., a civil service or teacher's pension), your Social Security benefit might be reduced.

Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits. You can apply: Online, if you are within 3 months of age 62 or older, or. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.

Married couples get two separate Social Security checks, and there is no "marriage penalty" for Social Security benefits.

If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.

Which spouse should collect Social Security first? ›

If you qualify for your own retirement and spouse's benefits, we will always pay your own benefits first. If your benefit amount as a spouse is higher than your own retirement benefit, you will get a combination of the two benefits that equals the higher amount.

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 Social Security spouse's benefits and my own retirement benefits? Yes.

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.

To prove a marriage, the SSA says to provide one of the following: Certified copy of (or statement as to) a public record of marriage: This must be a certified photocopy, or a statement as to, a public record of marriage certified by the custodian of the record or by an authorized SSA, State Department or VA employee.

Can I claim benefits on either one's record? Yes, you can. Notify the Social Security Administration that you were married more than once and may qualify for benefits on more than one spouse's earnings record. They will be able to tell you which record provides the higher payment and set your benefit accordingly.

Any person with a previous marriage that ended in divorce is eligible if the ex-spouse was fully insured for Social Security benefits and the marriage lasted at least 10 years. A person with a previous marriage that ended in widowhood is also eligible if the spouse was fully insured.

For spouses to receive the benefit, they must be at least age 62 or care for a child under age 16 (or one receiving Social Security disability benefits). In addition, spouses cannot claim the spousal benefit until the worker files for their benefit. There are other important caveats about the spousal benefit as well.

That's why there is a special rule that applies to earnings for 1 year, usually the first year of retirement. Under this rule, you can get a full Social Security check for any whole month you're retired, regardless of your yearly earnings.

Is Social Security based on last 3 years of income? ›

We: Base Social Security benefits on your lifetime earnings. Adjust or “index” your actual earnings to account for changes in average wages since the year the earnings were received. Calculate your average indexed monthly earnings during the 35 years in which you earned the most.

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.

Yes. If you qualify for your own retirement and spouse's benefits, we will always pay your own benefits first. If your benefit amount as a spouse is higher than your own retirement benefit, you will get a combination of the two benefits that equals the higher amount.

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.

Can I collect my deceased spouse's Social Security and my own at the same time? Social Security will not combine a late spouse's benefit and your own and pay you both.

If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death.