Think You're Covered? 6 Ways Spousal Social Security Benefits Can Be Cut or Lost Entirely

If you're currently married or were previously married to someone who earned considerably more than you, and you're counting on claiming Social Security spousal benefits based on their work record, the process may not be quite as straightforward as you imagine. The Social Security Administration (SSA) has strict rules regarding spousal benefits, and failing to adhere to even one of those rules can lead to a benefit reduction or total denial of your claim.

Here's what you need to know to receive the largest Social Security spousal benefit available to you.

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Reduced benefits

There are two things you may do without realizing how deeply they can cut into your spousal benefits.

Making your claim before full retirement age

If you're not yet retired, your full retirement age is 67. Let's say that your spouse is a bit older than you, so they claim at age 67, and you decide to make your claim at 62. Filing earlier than your full retirement age permanently reduces the amount you would have received if you'd waited until age 67.

By waiting, you're eligible to receive 50% of your spouse's full benefits. So, if their primary insurance amount is $2,000 per month, your monthly benefit at full retirement age would be $1,000. However, claiming it at age 62 means permanently receiving $650 per month instead. While the percentage you'll receive increases by each month you wait, it doesn't hit 50% until you're 67.

Waiting when you don't have to

While it's true that your spousal benefits will be reduced if you make your claim before full retirement age under ordinary circumstances, there is one huge exception. If you have a child at home who's under 16 or disabled (and their disability began before age 22), you're free to claim at any age.

Lost spousal benefits

There are at least four ways you can lose Social Security spousal benefits entirely.

Incarceration

If you're convicted of a crime and are incarcerated for more than 30 consecutive days, it triggers automatic suspension of Social Security retirement, disability, and spousal benefits. While you're confined, checks stop and cannot be retroactively recovered. Benefits can restart only after your release and after the SSA confirms your eligibility.

Divorcing too early

While it's possible to receive Social Security spousal benefits based on an ex-spouse's work record, the marriage must have lasted at least 10 consecutive years. If the divorce is finalized even one day earlier than 10 years, the SSA considers you ineligible to claim spousal benefits.

Counting years from an earlier marriage to the same person

Imagine that you're married for eight years before divorcing. A few years later, you reconnect and decide to remarry the same person. The fact that you were originally married for eight years doesn't mean anything as far as the SSA is concerned. The clock starts all over again, and you must be married for 10 years in a row -- with no interruptions -- to qualify for spousal benefits.

Getting married to someone else

To receive divorced-spouse Social Security benefits on an ex's work record, you must be currently unmarried. Once you remarry, benefits must be based either on your own work record or on your new spouse's. If that marriage later ends in divorce, death, or annulment, you're once again eligible for benefits under your earlier spouse's record.

If you're factoring in spousal benefits as you determine when you can retire, make sure to adhere to all SSA rules.

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