Can I Collect My Spouse’s Social Security?

Social Security provides financial support beyond a worker’s own retirement or disability. It extends benefits to certain family members, including spouses, divorced spouses, and survivors, recognizing economic interdependence within families. Understanding the various rules for these benefits can seem complex, as eligibility and the amount received depend on specific conditions related to age, marital status, and the work record of the primary earner. This article clarifies the primary considerations for accessing these family benefits.

Eligibility for Spousal and Divorced Spousal Benefits

A current spouse may be eligible to claim Social Security benefits based on their living spouse’s work record. To qualify, the claiming spouse must generally be at least 62 years old, or any age if caring for the worker’s child who is under 16 or disabled. The couple must have been married for at least one continuous year. The working spouse must have already filed for their own Social Security retirement or disability benefits for the other spouse to claim spousal benefits.

When an individual files for spousal benefits, “deemed filing” generally applies. This means that if they are also eligible for their own Social Security retirement benefits, they are considered to have filed for both. The Social Security Administration will then pay the higher of the two benefit amounts.

For divorced individuals, specific requirements allow them to claim benefits on an ex-spouse’s record. The marriage must have lasted for at least 10 years, and the divorced spouse must currently be unmarried. An exception exists if remarriage occurred after age 60, or after age 50 if the individual is disabled. The ex-spouse must be at least 62 years old and eligible for Social Security retirement or disability benefits, though they do not need to have already filed for their own benefits for the divorced spouse to claim.

If the ex-spouse has not yet filed for their benefits, the divorce must have been final for at least two years for the divorced spouse to claim independently. The amount a divorced spouse receives does not reduce the benefit amount the ex-spouse or any subsequent spouse receives.

Eligibility for Survivor Benefits

Survivor benefits provide financial support to a widow or widower after a spouse’s death, including divorced widows and widowers. A surviving spouse can begin receiving benefits as early as age 60, or age 50 if disabled. There is no age requirement if the surviving spouse is caring for the deceased worker’s child who is under 16 or disabled. The marriage must have lasted for at least nine months, though exceptions exist for accidental death or death during active military service.

Remarriage rules affect survivor benefits differently based on age. If a surviving spouse remarries before age 60 (or before age 50 if disabled), they generally become ineligible for survivor benefits on the deceased spouse’s record. However, if remarriage occurs at or after age 60 (or age 50 if disabled), survivor benefits can continue.

Divorced widows or widowers may also be eligible for survivor benefits on a deceased ex-spouse’s record. The marriage must have lasted at least 10 years, and the divorced surviving spouse must not be currently remarried, with the same remarriage exceptions as for current surviving spouses. The deceased ex-spouse must have earned enough Social Security credits during their working life for any survivor benefits to be payable. The number of credits required depends on the deceased’s age at death.

Understanding Benefit Amounts and Coordination

The amount of spousal benefits an individual can receive is generally up to 50% of the working spouse’s Primary Insurance Amount (PIA) at the claiming spouse’s full retirement age. Claiming spousal benefits before full retirement age results in a permanent reduction. For example, claiming at age 62 typically reduces the benefit to around 32.5% of the worker’s PIA.

Survivor benefits are calculated differently. A surviving spouse can receive up to 100% of the deceased spouse’s basic Social Security benefit amount if they claim at their own full retirement age. Claiming survivor benefits early, such as at age 60, results in a reduced monthly payment compared to waiting until full retirement age. The specific reduction percentage depends on the age at which benefits are claimed.

Social Security coordinates benefits when an individual is eligible for more than one type of payment. If someone is eligible for their own Social Security retirement benefit and also a spousal or survivor benefit, Social Security will pay the higher of the two amounts. For instance, if an individual’s own retirement benefit is $1,500 per month and their spousal benefit is $1,000, they will receive $1,500. If their own retirement benefit is $800 and their spousal benefit is $1,200, they will receive $1,200.

There is also a maximum family benefit limit, which caps the total amount of benefits that can be paid to a family on one person’s earnings record. This limit varies but is generally between 150% and 188% of the worker’s PIA. Delaying one’s own retirement benefit beyond full retirement age can increase it through delayed retirement credits, but delaying spousal benefits does not earn these additional credits.

Applying for Benefits and Necessary Information

Applying for spousal or survivor Social Security benefits involves specific steps and requires various documents to verify eligibility. Individuals can apply for benefits online, by telephone, or in person at a local Social Security office. While some retirement applications can be completed entirely online, spousal and survivor benefit applications often involve more complex scenarios, making phone or in-person appointments necessary.

To process an application, the Social Security Administration requires several pieces of information and documentation:
The applicant’s Social Security number, along with the Social Security number of the spouse, deceased spouse, or ex-spouse on whose record benefits are being claimed.
A birth certificate for the applicant to verify age.
A marriage certificate for current spousal and survivor benefits.
A divorce decree for divorced spousal or survivor benefits.
A death certificate for the deceased spouse or ex-spouse (for survivor benefits).
W-2 forms or self-employment tax returns from the previous year, especially if they are also applying for their own benefits or if their own earnings are relevant to their eligibility.
Bank account information for direct deposit of benefits.

After an application is submitted, the Social Security Administration reviews the provided information and documentation. Applicants typically receive notification of a decision within several weeks to a few months.