Can You Get Your Social Security and Your Spouse’s?

Social Security is a federal program providing financial protection to retired individuals, those with qualifying disabilities, and families of deceased workers. Funded through payroll taxes, it offers a partial replacement of income and aims to provide financial stability.

Claiming Benefits Based on a Living Spouse’s Record

Individuals may claim Social Security benefits based on a living spouse’s earnings record. To qualify, the marriage must have lasted at least one year. The claiming spouse must generally be at least 62 years old, or be caring for a child under age 16 or a disabled child receiving benefits on the spouse’s record. The spouse whose record is being claimed must already be receiving their own Social Security retirement or disability benefits.

Spousal benefits are calculated based on the higher earner’s Primary Insurance Amount (PIA), which is the benefit they would receive at their full retirement age (FRA). A spouse can receive up to 50% of their partner’s PIA if they claim benefits at their own FRA. Claiming benefits before reaching FRA permanently reduces the amount.

A “deemed filing” rule impacts how spousal benefits interact with an individual’s own earned benefits. For those born on or after January 2, 1954, applying for either their own retirement benefit or a spousal benefit automatically applies for the other. The Social Security Administration (SSA) will then pay the higher of the two benefit amounts.

A family maximum benefit limits the total amount of benefits paid to a family on one person’s earnings record. This maximum typically ranges from 150% to 188% of the worker’s PIA. If combined family benefits exceed this limit, each family member’s payment, except the primary worker’s, may be reduced proportionally.

Claiming Benefits as a Divorced Spouse

Specific rules apply for claiming Social Security benefits as a divorced spouse. The marriage must have lasted at least 10 years. The claimant must be currently unmarried, though remarriage after age 60 (or age 50 if disabled) does not prevent eligibility. The ex-spouse must be at least 62 years old, but does not need to be actively claiming their benefits for the former spouse to claim.

The benefit calculation for a divorced spouse is similar to that of a current spouse. The amount can be up to 50% of the ex-spouse’s PIA if claimed at the divorced spouse’s FRA. Claiming benefits before FRA results in a permanent reduction.

Claiming benefits as a divorced spouse does not impact the ex-spouse’s own Social Security benefits. Their benefit amount will not be reduced, nor will it affect benefits paid to their current spouse or other former spouses. The SSA does not notify the ex-spouse when a former spouse claims benefits on their record.

Claiming Benefits as a Surviving Spouse

Individuals may claim Social Security benefits as a surviving spouse. To qualify, the deceased spouse must have earned sufficient Social Security credits, typically 40 credits (10 years of work), though fewer may be required for younger individuals. The surviving spouse must generally be at least 60 years old, or 50 if disabled. They may also qualify at any age if caring for the deceased’s child who is under age 16 or disabled.

Remarriage can affect eligibility for survivor benefits. If a surviving spouse remarries before age 60 (or before age 50 if disabled), eligibility for survivor benefits terminates. Remarriage after these ages does not prevent receiving benefits. For divorced surviving spouses, the marriage to the deceased must have lasted at least 10 years.

The benefit amount for a surviving spouse can be up to 100% of the deceased spouse’s benefit if claimed at the survivor’s FRA. Claiming benefits earlier, between ages 60 and FRA, results in a reduced benefit, ranging from 71.5% to 99% of the deceased’s benefit. If caring for a qualifying child, the benefit can be 75% of the deceased’s amount. Individuals may switch between a survivor benefit and their own retirement benefit if one provides a higher payment.

How to Apply for Spousal and Survivor Benefits

Once eligibility for spousal or survivor benefits is determined, the application process can begin. Applications can be submitted online through the SSA website, by phone, or in person at a local Social Security office. Calling ahead for an appointment is often advisable for in-person visits.

Required documents commonly include the claimant’s birth certificate, Social Security card, and bank account information for direct deposit. Spousal benefits require a marriage certificate, divorced spousal benefits a divorce decree, and survivor benefits a death certificate for the deceased spouse.

The SSA generally requires original documents or certified copies for identity and citizenship verification. If a required document cannot be immediately located, applicants should proceed with the application and provide the missing information later. The SSA will communicate decisions, and processing time can vary.