What are the rules for spousal benefits?
Asked by: Marianna Halvorson V | Last update: July 16, 2025Score: 4.1/5 (17 votes)
Who qualifies for spousal benefits?
You're eligible for spousal benefits if you're married, divorced, or widowed, and your spouse is or was eligible for Social Security. Spouses and ex-spouses generally are eligible for up to half of the spouse's benefits. Widows and widowers can receive up to 100%.
What is the new Social Security spousal rule?
Last Updated: July 15, 2024
If you don't have enough Social Security credits to get benefits on your own work record or your own benefit is small, you may be able to receive benefits as a spouse. Your spouse must be receiving benefits for you to get benefits on their work record.
What is the loophole for Social Security spousal benefits?
The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.
When can a wife collect half of her husband's Social Security?
A married spouse without an earnings record (or whose record would result in a lower Social Security payment) can collect on his or her spouse's earnings record when his or her spouse turns 62. Collecting Social Security at 62 has some advantages.
Social Security Spousal Benefits - MADE EASY to Understand
How much does a wife get of her husband's Social Security if he dies?
Surviving spouse, any age, with a child younger than age 16, gets 75% of the worker's benefit amount. Child gets 75% of the worker's benefit amount. There's a limit to the benefits we can pay to you and other family members each month. The limit varies between 150% and 180% of the deceased worker's benefit amount.
What are the three ways you can lose your Social Security?
- No. 1: Keep working while taking benefits early. ...
- No. 2: Be a substantially lower-earning spouse. ...
- No. 3: Be alive in 2034. ...
- Social Security still provides an important foundation for retirement.
What is the best Social Security strategy for married couples?
Either spouse can maximize their regular Social Security benefit amount by waiting past their full-retirement age to apply, up to age 70. Benefits generally increase 8% each year filing is delayed.
How do I claim half of my spouse's Social Security?
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.
Do I get my ex-husband's Social Security if he dies?
you're eligible for some of your ex's Social Security
wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.
When my husband dies, do I get his Social Security and mine?
You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement.
What is the 10 year rule for Social Security?
If you've worked and paid taxes into the Social Security system for at least 10 years and have earned a minimum of 40 work credits, you can collect your own benefits as early as age 62.
Can a wife collect her own Social Security and then switch to spousal benefit?
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.
Can you be denied spousal benefits?
However, if the wage earner lives or lived in a state that does not recognize your legal relationship (marriage, civil union, registered domestic partnership), you will likely be denied benefits if you apply.
Can two ex-wives collect husband's Social Security?
If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.
What is considered an eligible spouse?
The Social Security Administration defines an eligible couple as two SSI eligible individuals who are legally married under the laws of the State where they have a permanent home, living together in the same household and holding themselves out as husband and wife to the community in which they live, or determined by ...
What is the Social Security spousal benefit loophole for 2024?
A Social Security spousal rule that was around for decades ended this year for the last eligible retirees — those who turned 70 on Jan. 1, 2024. The rule allowed recipients to switch between their benefits and their spouses' to receive the maximum amount.
What are the rules for spousal benefits of 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.
Can I stop my ex-wife from getting my Social Security?
This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.
What is a restricted application for spousal benefits?
* A restricted application allows one spouse to claim (typically lower) spousal benefits while allowing his or her own benefit to grow through delayed retirement credits until some future age. With these changes, you may think you don't have as many planning options regarding how to claim your Social Security benefits.
Which wife gets husbands Social Security?
Social Security covers both spouses, regardless of whether one or both brought home a paycheck over the years.
Can I take my husband's Social Security instead of mine?
If you are that worker's spouse or ex-spouse, and you don't have your own Social Security retirement benefit, you could be eligible to receive that spousal benefit of 50%. If you have your own retirement benefit but the spousal benefit is larger, you may be able to receive the larger amount.
How do you get the $16728 bonus from Social Security?
Specifically, a rumored $16,728 bonus that had people wondering if it was true or not in 2024? Sadly, there's no real “bonus” that retirees who receive Social Security can collect.
What is the 5 year rule for Social Security?
The Social Security 5-year rule refers specifically to disability benefits. It requires that you must have worked five out of the last ten years immediately before your disability onset to qualify for Social Security Disability Insurance (SSDI).
What disqualifies you from Social Security?
Some American workers do not qualify for Social Security retirement benefits. Workers who don't accrue the requisite 40 credits (roughly 10 years of employment) are not eligible for Social Security. Some government and railroad employees are not eligible for Social Security.