Social Security retirement benefits are one of the key components of retirement income for many retirees. Your benefit is based on your top 35 years of lifetime earnings. Those with less than 35 years of earnings will have their benefit reduced, since the years with no earnings count as $0 earned in the benefit calculation.
AARP says that both spouses and ex-spouses can be eligible for benefits under a current or former spouse’s earnings record.
Note that you cannot claim both your own Social Security benefit and a spousal benefit (including divorced spousal benefits) at the same time. Social Security will pay the higher of the two amounts only.
Claiming Social Security spousal benefits when married
According to AARP, a spousal benefit could be worth up to half of your spouse’s own benefit, even if your spouse took their own benefit prior to reaching their full retirement age.
Note that claiming a spousal Social Security benefit does not impact the benefit amount received by your spouse. They will receive the benefit they are entitled to based on their career earnings, their filing date, and other normal factors.
In order to maximize your spousal benefits:
- You must have been married for at least one year.
- Your spouse must be collecting their Social Security retirement or disability benefits.
- In most cases, you should be at or above your own full retirement age.
Filing prior to your own full retirement age will reduce the amount of your spousal benefit. If you file for a spousal benefit at age 62, for example, your benefit will only be 32.5% of your spouse’s full benefit. This percentage increases each month that you wait past age 62, maxing out at your own full retirement age.
Filing for spousal benefits under an ex-spouse’s earnings record
According to the Social Security Administration, if you are divorced and were married to your ex-spouse for at least 10 years, you may be eligible to receive benefits based on your ex-spouse’s earnings record and vice versa.
Note that your ex-spouse’s benefits will not be impacted by your applying for spousal benefits under their earnings record. In fact, they won’t be made aware that you have filed for these benefits.
Your claiming them does not change your ex-spouse’s benefits or any benefits that your ex-spouse’s current spouse or dependents might be eligible for. Even if your ex-spouse remarries, this is irrelevant in terms of any benefits you may be eligible for under their earnings record.
Your ex-spouse must qualify for Social Security retirement benefits. They must be at least 62 years of age with at least 40 work credits, the equivalent of 10 years of full-time work. Your ex-spouse does not need to file for their own benefits first for you to qualify.
- Your ex-spouse’s retirement benefits must be higher than your benefits under your own earnings record.
- You must not be married.
- You must be at least age 62.
- You must have been married to your ex-spouse for at least 10 consecutive years and have been divorced for at least two years. If your ex-spouse has already begun receiving their retirement benefits, you can file for spousal benefits within the two-year period.
Note that to receive the maximum spousal benefit from the earnings record of an ex-spouse, you must wait until you reach your own full retirement age to file for these benefits. If you file at age 62, your spousal benefit will be reduced to 32.5% of your ex-spouse’s benefit at their full retirement age.
Note that if you are collecting spousal benefits from a divorced spouse and you remarry, you generally lose the right to collect this benefit. This marriage should be reported to the Social Security Administration to ensure that you don’t receive excess payments that would have to be repaid.
In this case, you will then need to file for benefits on your own earnings record. You may be able to file for spousal benefits based on your new spouse’s earnings record after a year of marriage.
Related: Social Security Cuts: How likely are they to happen?
