Social Security Spousal and Divorced-Spouse Benefits: The Basics

Source The Motley Fool

Key Points

  • Spousal benefits generally require at least one year of marriage.

  • At full retirement age, spousal benefits can equal up to 50% of your spouse’s primary insurance amount.

  • Divorced spouses may qualify for spousal benefits if the marriage lasted at least 10 continuous years.

  • The $23,760 Social Security bonus most retirees completely overlook ›

If you're married to or divorced from a spouse who earned substantially more than you, you may benefit from claiming Social Security spousal benefits in retirement instead of relying solely on your own monthly benefit. That's because you can claim up to 50% of their primary insurance amount (PIA) and receive payments larger than you would have received on your own. Here's how it works:

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Understanding PIA

PIA, or primary insurance amount, is the amount of money your spouse or ex-spouse is due to receive when they reach their full retirement age (FRA). For anyone born in 1960 or later, FRA is 67.

If your spouse postpones claiming Social Security benefits and ends up receiving a larger monthly benefit, you're still locked in at 50% of what they would have received at FRA. In other words, they can postpone claiming until age 70 -- when their monthly benefit will be 24% higher than it would have been at age 67 -- but it won't affect the amount you're eligible for.

When you can claim

If you're currently married, Social Security requires your spouse to be receiving retirement or disability benefits before you can collect spousal benefits based on their record. However, if you're divorced, you don't always have to wait for your ex-spouse to claim. If you were married for 10 continuous years and have been divorced for at least two years, you can typically claim benefits whether they have or not.

When you're married

Here are the core Social Security spousal benefit eligibility rules when you're married:

You must be at least age 62 unless you're caring for your spouse's child under the age of 16 or a child of any age with a qualifying disability.

Your own retirement or disability benefit must be less than what you would receive as a spouse.

Here are the core eligibility rules if you're claiming benefits based on your current spouse's work record:

  • You must be at least age 62, unless you're caring for your spouse's child under 16 or a child of any age with a qualifying disability.
  • Your own retirement or disability benefit must be less than what you would receive as a spouse.
  • Your spouse must have sufficient work credits to qualify for benefits. Generally, that means 40 work credits, or about 10 years of work. However, depending on your spouse's age when they become disabled or die, fewer work credits may be required.
  • Your spouse must be receiving Social Security retirement or disability benefits.
  • You must be married for at least one continuous year before filing the claim.
  • You must be currently married when you file your claim, since different rules apply to divorced or widowed spouses.

When you're divorced

After divorce, you may still be eligible for spousal benefits, but the rules are a bit different.

  • You must be at least 62.
  • Your ex must be at least 62.
  • The marriage must have lasted for at least 10 consecutive years.
  • Your divorce has been final for at least two consecutive years.
  • Your ex-spouse must have enough work credits to be "fully insured" for retirement or disability benefits.
  • You must be currently unmarried.
  • Your own retirement or disability benefit must be less than what you would receive as a divorced spouse.

As you age, some costs, like healthcare costs, may rise, making it even more important to understand your options. If you're married or have been married, claiming spousal (or divorced spouse) benefits may be your best move.

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