What are the rules for spousal benefits of social security

En español | Yes, you can collect Social Security's on a spouse's earnings record. You may be able to do this in the form of spousal benefits, or as survivor benefits if you are a widow or widower.

Depending on your age upon claiming, spousal benefits can range from 32.5 percent to 50 percent of your husband’s or wife’s primary insurance amount — the retirement benefit to which he or she is entitled at full retirement age, or FRA. Regardless of the amount of the spousal benefit, it does not affect the amount of your mate’s retirement payment.

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You qualify for spousal benefits if:

• Your spouse is already collecting retirement benefits.
• You have been married for at least a year.
• You are at least 62 years old (unless you are caring for a child who is under 16 or disabled, in which case the age rule does not apply).  

You can collect benefits on a spouse’s work record regardless of whether you also worked. If you are eligible for both your own retirement benefit and a spousal benefit, Social Security will pay you the higher of the two amounts.

The chief criteria to qualify for survivor benefits are:

• You were married to the deceased for at least nine months (unless the death is accidental or occurs in the line of military duty, in which case there is no minimum time period).
• You are at least age 60, unless you are disabled (then it’s 50) or caring for a child of the deceased who is under 16 or disabled (in which case there's no age minimum).

In most cases, survivor benefits are based on the benefit amount the late spouse was receiving, or was eligible to receive, when he or she died.

How much of that amount you are entitled to depends on your age when you file. The proportion rises from 71.5 percent if you claim survivor benefits at 60 (50 if you are disabled) to 100 percent if you wait until your full retirement age (which is currently 66 for survivors but will gradually rise to 67 over the next several years). If the survivor benefit is based on your caring for a child, you receive 75 percent of the deceased’s benefit, regardless of your own age when you file.
 

Updated October 14, 2021 / Original October 12, 2021

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Navigating the maze of rules that surround Social Security retirement benefits can be daunting. A good starting point for retirees and prospective retirees seeking to better understand and maximize their retirement benefits is with the numerous resources offered on the Social Security Administration’s website. 

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Retirement

Barron’s brings retirement planning and advice to you in a weekly wrap-up of our articles about preparing for life after work.

Still, after our recent article on how to maximize benefits, readers continue to have questions on tapping spousal benefits. Here are some answers:  

My wife is 67, her full retirement age, and she hasn’t yet claimed spousal benefits. I am 65. Can she claim spousal benefits from me before I claim my Social Security benefits? It would boost her monthly check by about $300. I have received different opinions on this even when contacting the Social Security Administration.  

Your current spouse can’t claim spousal benefits before you have filed for Social Security.    

Joel Eskovitz, director of Social Security and savings at AARP’s Public Policy Institute, cautions that it wouldn’t be a good idea for you to claim benefits before your full retirement age so that your wife can claim spousal benefits unless you absolutely need to. If you do, your monthly Social Security benefit will be reduced by a small percent for each month you claim before your full retirement age. (Check how much your benefits will be reduced if you claim early.)  But your wife’s spousal benefit wouldn’t be reduced in this case because she is already at full retirement age. Her spousal benefit would be 50% of the benefit you would receive at full retirement age.  

My wife was born in September 1952 and is receiving Social Security benefits that she earned as a result of her work history.  

I was born in October 1956 and have not yet filed to receive benefits. My benefits would be the larger of both of ours.  Is my wife entitled to spousal benefits, which would increase her monthly benefit from what she is currently receiving?  

Whether your wife is entitled to spousal benefits depends on how much larger your earnings are than hers, says Eskovitz. If your wife is entitled to spousal benefits, Social Security will not pay her the sum of her retirement benefits and her spousal benefits; rather, she will receive the higher of the two benefits. Since spousal benefits can’t exceed 50% of the partner’s benefits, your earnings would have to be significantly more for her to receive more from spousal benefits, Eskovitz says.    

Keep in mind, too, that your wife can’t claim any spousal benefits until you first file for Social Security (see answer above). Eskovitz advises that you wait at least until your full retirement age of 66 years and 4 months—before you claim if possible, then ask the Social Security Administration whether your wife may claim spousal benefits.    

Answers to frequently asked questions on spousal benefits can be found on the Social Security Administration’s website.

Corrections & Amplifications

If a husband claims Social Security benefits before full retirement age so that his wife who is at full retirement age can claim spousal benefits, the husband’s monthly benefit will be reduced by a small percent for each month before full retirement age. The wife’s benefit wouldn’t be reduced in this instance. An earlier version of this article incorrectly said that the husband’s benefit would be reduced by about 8% a year and that the wife’s benefit would be reduced.

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