One of the benefits of being married is that you can share in your spouse’s Social Security benefits. If you are close to retirement age, you should know that there are several benefits available to spouses, including divorced or surviving spouses.

Chances are you already know that spousal benefits are available and are looking for answers to questions like:

  • My wife does not have enough credits to qualify for Social Security; Can she collect benefits based on my record?
  • My husband and I have been married for 35 years but are soon getting divorced; What will happen to my spousal benefits when the divorce is final?
  • What happens to my widow’s benefits if I remarry?
  • I am collecting benefits on my ex-husband’s record, what happens if he dies?
  • How can we maximize our family benefits? Are there strategies we should know about?

Why is it important to plan for spousal benefits?

Since Social Security accounts for about 40% of the average Americans’ retirement income, it’s important to maximize your lifetime benefits not only for yourself, but for your spouse as well.

The rules surrounding spousal benefits are very complicated. Making a wrong decision could mean a lower standard of living and could increase the chance that you will outlive your money.

Retirement benefits for spouses

Disclaimer: For simplicity, this article assumes that the husband earns the most and that the wife will receive spousal or survivor benefits based on her husband’s income. However, conjugal rules are gender neutral; If the wife earns more, or if it makes sense for other reasons, the husband can certainly claim spousal benefits on his wife’s earnings.

Wives can collect retirement benefits based on their husband’s earnings history, even if they have never worked. However, there are many rules and requirements that must be met, including:

  • You must be married for at least one year before you can collect benefits based on your spouse’s earnings history.
  • You must be at least 62 years old
  • Your husband must have filed benefits on his own record (that doesn’t necessarily mean he’s collecting benefits)

If there are minor children involved, the rules are a little different. Spouses caring for a dependent child receiving Social Security can receive spousal benefits no matter how old she is. However, spousal benefits will end when the child turns 18 if the spouse is under age 62.

Who is a spouse?

This may seem like a silly question, but in today’s world, where you have multiple marriages throughout your life, common law marriages, and same-sex marriages, it’s a legitimate question.

“Spouse” generally means the current spouse, but divorced and widowed spouses may also receive benefits based on the worker’s earnings history. Learn more about divorce and survivor benefits below.

Add common law marriages and same-sex marriages and the definition of spouse becomes really confusing.

Common law marriages are recognized by Social Security if they were legally entered into in a state that recognizes common law marriages and you act as if you were married. So, in some cases, you can be a spouse for Social Security purposes even if you’re not legally married.

On the other hand, same-sex marriages are not recognized by Social Security, so a partner in a same-sex marriage will not be considered a spouse, even if they live in a state that allows same-sex marriages. same sex.

Benefits for divorced spouses

Many people are surprised to learn that you can collect spousal benefits on a former spouse’s earnings record. Divorced spouses can collect spousal benefits if the marriage lasted at least 10 years and at least 2 years have passed since the divorce. Similar to spousal benefits, you will receive 50 percent of your former spouse’s benefit, the greater of your own benefits.

The age requirement (you must be 62 to collect divorced spouse’s benefits) and the reduction for early withdrawal of benefits apply the same as for spouse’s benefits. However, one of the main differences between divorce benefits and spousal benefits for the current spouse is that the divorced spouse does not have to wait for her former spouse to start receiving benefits before she can start receiving benefits. divorced spouse.

If you are the ex-husband, you may be wondering how your ex-wife’s collection of your benefits affects your current wife and family. The answer is “it doesn’t”. Payment of benefits to a former spouse has no effect on the maximum family benefits for your current spouse and family.

If you have been married more than once, and each marriage lasted more than 10 years, you may qualify for benefits on the record of either ex-spouse. As long as you are not married at the time you apply (and have been divorced for 2 years), you can apply for spousal benefits for any former spouse you were married to for at least 10 years.

Tip: If you’re considering divorce and have been married for almost 10 years, consider delaying the divorce until after you’ve reached the 10-year mark to allow the lower-income spouse to qualify for spousal benefits. Benefits paid to a former spouse do not affect her family’s maximum benefits, so they help the wife and do not harm her husband or her new family if she remarries.

Survivor Benefits

Finally, whether you are the current wife or the ex-wife, if your husband predeceases you, you may qualify for survivor benefits. Generally, survivor benefits are 100% of your spouse’s benefit; however, survivor benefits will vary based on the number of years worked, earnings, and whether the deceased worker was already retired (and at what age).

Survivor benefits can be taken as early as age 60, or even age 50 if you are disabled. A widow can elect to receive survivor’s benefits at age 60 and then switch to her own benefits at full retirement age.

Widows will lose their survivor benefits if they remarry before age 60, however, once you reach age 60, you can continue to collect survivor benefits even if you remarry.