When people think about what they’re likely to get from Social Security, they generally focus on their own earnings record. That’s natural—that’s what your annual report from the Social Security Administration focuses on.
But did you know that you might be able to collect a Social Security benefit based on your spouse’s earning record? This may be possible whether your spouse is still alive, if your spouse has passed, or if you and your spouse have divorced.
Let’s get into the details.
Spousal benefits
You can file for and collect spousal benefits based on your spouse’s earnings record regardless of whether or not you’re eligible for your own Social Security benefit based on your own earnings record. However, you don’t get both. When you file, Social Security will determine your benefit based on both options, giving you the combination that equals the highest amount.
The most you could receive as a spousal benefit is 50% of the benefit your spouse would receive at their full retirement age (FRA). FRA is:
- Age 66 and 8 months for those born in 1958
- Age 66 and 10 months for those born in 1959
- Age 67 for those born in 1960 or later
However, that percentage changes based on your age when you claim it. Your spousal benefit would be 32.5% of your spouse’s benefit if you apply at age 62 and the percentage gradually increases until your FRA.
For example, Sue’s husband is already collecting his benefit of $1,500/month. Sue has reached her own FRA, and her own benefits would be $500/month. However, because her spousal benefit would be higher, Sue would receive $750/month.
There are some restrictions. To qualify for spousal benefits:
- Your spouse must already be collecting their own benefit.
- You must have been married to your spouse for at least one year.
- You must be at least 62 years of age. (Note this rule doesn’t apply if you’re caring for a child who is under 16 or disabled.)
Note that collecting a spousal benefit has no impact on the benefit levels of your spouse.1
Benefits for widows/widowers
But what if your spouse is no longer living? Generally, a widow or widower qualifies for survivor’s benefits based on their late spouse’s earnings record if they are at least 60 years old and had been married to their late spouse for at least nine months at the time of their death.
Benefits may be available outside of these restrictions if any of the following exceptions apply:
- If the deceased spouse’s death occurred in the line of active military service or was accidental.
- If the surviving spouse is at least age 50 and has a disability that occurred within seven years of the deceased spouse’s death.
- If the surviving spouse is caring for children from the marriage to the deceased spouse who are under 16 or who have a disability.
Remarriage can affect whether or not you’re eligible for survivor’s benefits. If you remarry prior to age 60 (50 if you’re disabled), then you won’t be eligible for survivor’s benefits. If you remarry past these ages, there’s no impact on your ability to collect survivor’s benefits.
However, if you remarried prior to age 60 and that remarriage ends for whatever reason (death or divorce), you would regain your eligibility to collect survivor’s benefits based on the prior marriage.
The amount of your survivor’s benefit is based on several factors:
- How much the late spouse was receiving at the time of their death or the benefit amount they would have been entitled to receive based on their age and earnings history.
- How old you are when you claim survivor’s benefit. If you’ve reached your FRA, you’d be entitled to 100% of the benefit your late spouse was receiving. If you haven’t reached your FRA, the amount would be pro-rated based on your age.
Just like with a living spouse, you can still qualify for survivor’s benefits even if you didn’t work long enough to qualify for Social Security benefits on your own. However, if you’re eligible for your own benefit as well as a survivor’s benefit, then Social Security will pay you the higher of the two benefits, but not both. Note that if you’re younger than your FRA and still employed, your earnings could affect the level of the survivor’s benefit that you actually receive due to the earnings limit rules.
Benefits for divorced spouses
Many people don’t know that they may be eligible for a Social Security benefit based on their ex-spouse’s earnings record even after they divorce. But if you’re at least 62 and were married to your ex-spouse for at least ten years, then you may be eligible for a spousal benefit that ranges from one-third to one-half of your ex-spouse’s benefit.
The criteria for eligibility for divorced spousal benefits include:
- You are at least 62 years old.
- You were married to your ex-spouse for at least ten years.
- Your ex-spouse qualifies for Social Security retirement benefits or disability benefits.
- Your retirement benefit based on your own earnings record is not higher than the spousal benefit based on your ex-spouse’s earning record.
- You have not remarried.
Jane (66) and Bob (65) are divorced, but were married for 15 years prior to their divorce. Neither one has remarried. Each is eligible to apply for a spousal benefit based on the other’s earnings record. If the spousal benefit is larger than their own benefit, then they would receive the spousal benefit. Again, this won’t impact the benefits their ex-spouse receives.
Note that if you have remarried and that marriage ends due to divorce, death of the spouse, or an annulment of the marriage, then you might qualify for benefits based on either one of the marriages depending upon the situation.
Conclusion
Spousal benefits can play an important role for someone who has ever been married. Be sure you’re maximizing your benefits as a current or former spouse, either via your own benefit or one based off of a spouse’s earning record.
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