Qualifying spouse beneficiaries must be married to the retiring spouse for at least one continuous year prior to applying for benefits, with certain exceptions. Yes, up to 50 percent of spouse's PIA if spouse is still living.
Divorcees may still be eligible
If you are divorced you could potentially still receive spousal benefits, but there are rules that apply. For starters, you must have been married for 10 or more years and you can't be remarried.
You're at least 62 years old. You're currently unmarried. Your ex-spouse is eligible for Social Security retirement or disability benefits.
Spouses and ex-spouses
Payments start at 71.5% of your spouse's benefit and increase the longer you wait to apply. For example, you might get: Over 75% at age 61.
When a spouse passes, the SSA pays an eligible surviving spouse a percentage of the deceased's retirement benefits, depending on the deceased's age: If the deceased did not reach full retirement age, the surviving spouse can receive 100% of the retirement benefit.
If you become disabled before your full retirement age, you might qualify for Social Security disability benefits. You must have worked and paid Social Security taxes in five of the last 10 years.
If you've been married multiple times, your current and former spouses could be eligible for Social Security benefits based on your earnings record, subject to certain requirements.
Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.
A spouse who has never worked in paid jobs or has not worked to earn sufficient credits to be eligible for his/her own retired worker benefits can receive a spousal benefit that is 50 percent of the eligible worker's full benefit.
What is the New 10-Year Rule? Spouses of the account holder are still eligible for stretching the IRA or retirement account payments out over their lifetime. The new 10-year rule significantly impacts non-spouse beneficiaries who inherit IRAs after the original account holder's death.
The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.
The same is true if you were entitled (or potentially entitled) to certain benefits under Social Security or the Railroad Retirement Act in the month before the month you got married. A divorced spouse must have been married 10 years to get spouse's benefits.
In some states, such as California, in a marriage of ten years or longer, the court retains the right to order that alimony is paid to the lesser-earning spouse for as long as she needs it if the other spouse has the ability to pay.
So, as long as the SSA recognizes your marriage (and you might not need a marriage license), if you stayed home and took care of the kids for a number of years (or even if you didn't have kids), you'll likely be entitled to collect Social Security benefits based on your spouse's earnings record.
The result is that only one Social Security monthly retirement benefit will be paid to the surviving spouse. That monthly retirement benefit check will be equal to the higher of: (1) The deceased spouse's Social Security monthly retirement benefit; or (2) The surviving spouse's own monthly retirement benefit.
Exactly how much in earnings do you need to get a $3,000 benefit? Well, you just need to have averaged about 70% of the taxable maximum. In our example case, that means that your earnings in 1983 were about $22,000 and increased every year to where they ended at about $100,000 at age 62.
The Bottom Line. A number of situations could put your pension at risk, including underfunding, mismanagement, bankruptcy, and legal exemptions. Laws exist to protect you in such circumstances, but some laws provide better protection than others.
Although you need at least 10 years of work (40 credits) to qualify for Social Security retirement benefits, we base the amount of your benefit on your highest 35 years of earnings.
A widow(er) is eligible to receive benefits if she or he is at least age 60. If a widow(er) remarries before age 60, she or he forfeits the benefit and, therefore, faces a marriage penalty. Under current law, there is no penalty if the remarriage occurs at 60 years of age or later.
The Bottom Line. If you were married to them for at least 10 years, you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit.
A married spouse without an earnings record (or whose record would result in a lower Social Security payment) can collect on his or her spouse's earnings record when his or her spouse turns 62. Collecting Social Security at 62 has some advantages.
Key Features of the New Rule
Starting September 30, 2024, anyone who has not previously registered with us and who wants to be appointed as a representative must register with us using the Form SSA-1699 before we will recognize a new appointment request.
You can start receiving your Social Security retirement benefits as early as age 62. However, you are entitled to full benefits only when you reach your full retirement age. If you delay taking your benefits from your full retirement age up to age 70, your benefit amount will increase.