What is the law on spousal benefits?

Asked by: Isac Pfannerstill  |  Last update: April 20, 2025
Score: 4.2/5 (33 votes)

You may qualify for benefits on your spouse's Social Security earnings record if: You are 62 or older. Or, you are younger but caring for a child under 16 or a child with disabilities who is under 19. Your spouse is elgible for retirement benefits (62 or older)

What are the rules 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 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.

What is the Social Security spousal rule 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 percentage of a husband's Social Security does a wife get?

However, your maximum spouse's benefit remains 50% of their full retirement age benefit, not their higher amount including delayed retirement credits. (Your benefit as a surviving spouse would be based on the higher amount.)

Social Security: Spousal Benefits 101

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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.

Can 2 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 the new law for Social Security spousal benefits?

The Social Security Fairness Act eliminates the reduction of Social Security benefits based on your work record or the work record of your spouse or former spouse while entitled to a public pension from work not covered by Social Security, i.e. the Civil Service Retirement System.

What are the three ways you can lose your Social Security?

Indeed, here are three ways you can lose at least part of your Social Security benefit.
  • 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.

How do I get the $16728 Social Security bonus?

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.

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.

Who is not eligible for spousal Social Security benefits?

There is a catch: the spouse collecting benefits must be at least 62 or have a child who is either under the age of 16 or receiving Social Security disability benefits. Additionally, someone cannot receive spousal benefits until their spouse has filed for benefits, regardless of age.

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.

Can my wife get Social Security if she never worked?

A wife with no work record or low benefit entitlement on her own work record is eligible for between one-third and one-half of her spouse's Social Security benefit.

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 the highest Social Security payment?

The maximum Social Security benefit at full retirement age is $3,822 per month in 2024. It will be $4,018 a month in 2025. It's $4,873 per month in 2024 if retiring at age 70 and $2,710 if retiring at age 62. A person's Social Security benefit amount depends on earnings, full retirement age and when they take benefits.

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).

Can I collect spousal benefits and wait until I am 70 to collect my own Social Security?

In most cases, no. If you are eligible for both spousal and retirement benefits, you are subject to Social Security's “deemed filing” rule: When you file for Social Security, you are deemed to be simultaneously claiming both types of benefit and will receive whichever amount is higher.

Can you get $3,000 a month in Social Security?

Exactly how much in earnings do you need to get a $3,000 benefit? Well, you just need to have averaged about 70% of the taxable maximum. In our example case, that means that your earnings in 1983 were about $22,000 and increased every year to where they ended at about $100,000 at age 62.

What determines spousal Social Security benefits?

The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.

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.

How many states have the Windfall Act?

In which 26 states are state, county, municipal and special district employees penalized by the GPO/WEP? There are 26 states where this occurs, with the largest populations in California, Colorado, Illinois, Louisiana, Ohio and Texas.

What is the increase for 2024 Social Security?

Over the last decade the cost-of-living adjustment (COLA) increase has averaged about 2.6%. The COLA was 3.2% in 2024. Nearly 68 million Social Security beneficiaries will see a 2.5% COLA beginning in January 2025.

What is an ex-wife entitled to when her ex-husband dies?

Social Security rules allow a qualifying former spouse to claim benefits based on the work history of a higher-earning ex. These benefits are worth up to 50% of that former spouse's Social Security benefit at full retirement age. However, if that former spouse dies, the benefit's value is worth up to 100%.

What percent of Social Security does a divorced spouse get?

If you qualify as an ex-spouse based on these criteria, your retirement benefit would be half of your ex's primary insurance amount, or PIA, so long as you claim at your full retirement age (FRA). The PIA is the benefit a person would receive if they elect to begin receiving retirement benefits at their normal FRA.