What Are Social Security Spousal Benefits?

The SSA (Social Security Administration) allows spouses to receive benefits based on their partner’s work record. The maximum spousal social security benefit a spouse can receive is half of the “primary insurance amount” (PIA) of the worker. However, your benefits entirely depend on the retirement age of your spouse.

The spouse receives a reduced benefit if they start collecting before their full retirement age.

In case the spouse is taking care of a qualifying child (a child under 16 or a disabled child), the spouse gets a full 50% spousal benefit even if they claim early.

Who is Eligible for Spousal Social Security Benefits?

You need to meet the following conditions to qualify for spousal Social Security benefits:

Married or Divorced

• You are currently married to someone receiving Social Security retirement or disability benefits.
• You were married for at least 10 years before the divorce and remain unmarried.

Age Requirement

• You must be at least 62 years old. If you are caring for a child under 16 or a disabled child of your spouse, you may qualify earlier.

Spouse Receiving Benefits

• The worker must be eligible for and receiving Social Security retirement or disability benefits.

 

What is the Total Spousal Benefit Given to a Surviving Spouse or a Divorced Spouse?

The amount given to a surviving or divorced spouse is partially determined by whether the spouse is caring for the deceased worker’s children.

• The spouse can receive between 75% and 100% of the deceased worker’s monthly earnings.
• If a disabled worker dies, the spouse may be able to obtain death benefits. However, the SSA will first verify numerous details before providing any benefits.

• If the worker is disabled and alive, the spouse can receive almost 50% of the primary insurance amount.
• If the children of the disabled worker are already receiving benefits, the spouse may be eligible for Social Security disability spousal benefits.

The total benefits for children and spouses can never exceed the maximum limit of family benefit, i.e., 150% of the disabled worker’s monthly Social Security disability insurance benefits. Aside from this, the SSA follows specific procedures to determine the amount of Social Security benefits issued.

How to Apply for SSA Spousal Benefits?

You can apply online if you are within 3 months of turning 62 or older. Visit your local Social Security office or call the following numbers:

• Toll-free number 1800-772-1213
• TTY number 1-800-325-0778

If you do not have a disabled child to care for, or you fall within some Social Security exception, it may be more difficult to claim spousal support until your working spouse claims retirement benefits. But if you are 62 or older, you can claim spousal benefits.

How to Calculate Spousal Social Security Benefits?

The SSA uses the worker’s Primary Insurance Amount (PIA) to calculate Spousal Social Security benefits.

• The maximum benefit is up to 50% of the worker’s PIA for a retired spouse.
• If the spouse claims benefits before full retirement age, the benefits are permanently reduced. For example, the spouse claiming at the age of 62 receives about 32.5% of the worker’s PIA.
• The spouse may receive 50% of the worker’s PIA at any age if caring for a qualifying child.

The SSA pays the spouse’s own benefit first, and adds a spousal supplement if needed, so the total benefit equals the higher of the spouse’s own benefit or the spousal benefit.

Family Maximum Benefit Rule

The Family Maximum Benefit rule is an important provision that applies when multiple family members receive benefits on the same worker’s record.

• Specifically, the combined benefits for a family are capped at approximately 150% to 180% of the worker’s Primary Insurance Amount (PIA), depending on the type of benefit.
• If the total amount payable to family members exceeds this maximum limit, auxiliary benefits are reduced proportionally.

However, it is important to note that the worker’s own benefit is never reduced under the Family Maximum Benefit rule.

Type of Beneficiary	Beneficiaries (Thousands)	Total Benefits (Millions)	Average Monthly Benefit
Old-Age and Survivors Insurance	63,030	$126,750	$2,010.95
Retirement Benefits	57,110	$117,010	$2,048.80
Retired Workers	54,270	$114,180	$2,103.90
Spouses of Retired Workers	2,105	$2,105	$1,000.12
Children of Retired Workers	735	$725	$986.39
Survivor Benefits	5,920	$9,740	$1,645.27
Children of Deceased Workers	2,050	$2,450	$1,195.12
Widowed Mothers and Fathers	100	$140	$1,400.00
Nondisabled Widow(er)s	3,550	$6,950	$1,957.75
Disabled Widow(er)s	215	$195	$906.98
Disability Insurance	8,220	$12,520	$1,523.11
Disabled Workers	7,180	$11,960	$1,665.74
Spouses of Disabled Workers	88	$42	$477.27
Children of Disabled Workers	952	$518	$544.12

 

Dependent Monthly Add‑On for a 100 % Disabled Veteran

Spouse with no children	$150 per month
Spouse with one child	$259 per month
Each additional child	$75 per month

 

How Can You Maximize Spousal Benefits?

A married couple can adopt some strategies to help them maximize their benefits.

Strategy for Late Claimers

If one spouse has no or low earnings, the sensible strategy is to apply for spousal retirement benefits until age 70 to get the maximum benefit. If both partners are working and their earnings are similar, the individual benefits will exceed the spousal aid. Therefore, the best strategy is to postpone applying for benefits until age 70, if possible.

Strategy for Divorced Spouses

If you have been divorced for 2 years or more, you can still apply for benefits for your divorced spouse if your marriage lasted for at least 10 years. If a couple is on the verge of divorce and reaching retirement age, they should apply for benefits before finalizing the divorce.

If you have divorced multiple times, you can still apply for spousal benefits. However, you need to know your ex-spouse’s Social Security number and date of birth.

Strategy for Widowed Spouses

Widows and widowers may receive full benefits at full retirement age. They can receive reduced benefits at age 60. Even if you remarry, this will not affect your benefits. Your aid, however, may vary depending on the circumstances. Further, if your current spouse qualifies for benefits but is earning more than the former spouse, you can apply for aid based on the new spouse’s record.

Spousal Social Security Loopholes (Updated)

Spousal Social Security “loopholes” that used to let a spouse collect benefits while the worker delayed their own retirement are mostly gone now. The file-and-suspend and restricted application strategies were largely eliminated in 2016. 

Today, the Social Security Administration uses a rule called deemed filing for people born after January 2, 1954. In simple terms, if you qualify for both retirement and spousal benefits, you’re considered to be applying for both at the same time, and you’ll receive whichever benefit is higher. There are still a few exceptions, like divorced spouses, survivor benefits, and people who filed before April 30, 2016.

Want to Apply for Spousal Social Security Benefits? Consult us Now.

We have more than 35 years of experience in handling disability cases. Those concerned about their eligibility for spousal Social Security benefits should contact reputable disability attorneys and schedule a free case consultation.

FAQs

Can you receive Social Security Disability benefits if your spouse works?

You can receive Social Security Disability Insurance (SSDI) even if your spouse works, because SSDI is based on your own work record, not your spouse’s income. 

Will you be able to receive half your spouse’s Social Security at 62?

No. At 62, you will get 32.5% of your spouse’s Social Security amount. This amount increases to 50% when you reach the full retirement age of 66 or 67.

What is the maximum spousal aid that you can receive?

The maximum spousal Social Security benefit is 50%. This is the benefit amount spouses are eligible for at their full retirement age. If your spouse delays retirement until 70, they will get more. However, the survivors will get nearly 100% of the deceased individual’s Social Security amount.

It can be highly complex to calculate benefits if a family has more than one dependent who qualifies for Social Security dependent benefits for the spouse.

How can you change your Social Security benefit to a spousal benefit?

You can change your Social Security benefits to spousal benefits in case your spouse has not started getting retirement benefits. Furthermore, you can claim benefits based on your work history unless your spouse files. After that, you can switch to spousal aid. If you have not yet reached your full retirement age, you will get reduced spousal aid. This can be as low as 32.5% of the primary insurance amount of the spouse.