3 Little-Known Social Security Rules All Married Retirees Should Know
Key Points
You often aren't eligible to claim spousal Social Security until you've been married at least one year.
Divorced people can sometimes claim Social Security on their ex's work record if they were married at least 10 years.
Claiming retirement benefits early can reduce the survivor benefits your family is eligible for after you die.
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Getting married changes things when it comes to Social Security. You may become eligible for a spousal benefit on your partner's work record, and you'll probably have two checks to look forward to in retirement instead of just one.
But there are also some lesser-known Social Security rules that could affect you and your spouse. Make sure you're familiar with the three below so you're prepared for whatever may come next.
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1. There's a length-of-marriage rule for spousal benefits
While you're free to claim your Social Security retirement benefit at any time after you turn 62, that's not true for spousal benefits. To qualify for these, you generally must have been married to your partner for at least one year. If you married late in life, you might have to wait before you can claim on your new spouse's work record.
There are two exceptions to the length-of-marriage rule. If you are the parent of your spouse's child or you were eligible for Social Security benefits in the month before the month you got married, you can claim a spousal benefit on your new partner's record as soon as the marriage is finalized.
2. You may be eligible to claim on your spouse's record even if you divorce
The Social Security Administration permits you to claim benefits on your ex-spouse's work record as long as you were married at least 10 years before divorcing. You must also not have remarried, though it doesn't matter if your ex has.
You'll need to provide the Social Security Administration with proof of your marriage and divorce when you apply. If you don't have these documents, the government may be able to help you track them down.
3. Claiming early reduces the survivor benefits your family is eligible for
Your spouse and any dependent children you have are eligible for survivor Social Security benefits after you pass away. These are often larger than the spousal benefits your partner is eligible for while you're alive.
When you claim Social Security retirement benefits early, you permanently reduce the survivor benefits available to your family. For this reason, some people choose to delay Social Security, even if they know they have a short life expectancy, so their family can get more money later.
These situations may not all apply to you, but they're worth bearing in mind. If you have any questions about how these rules may affect you, contact the Social Security Administration for personalized advice.
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