The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.
This Social Security Spousal Rule Finally Fizzled Out in 2024 — But These 3 Strategies Remain. A Social Security spousal rule that was around for decades ended this year for the last eligible retirees — those who turned 70 on Jan. 1, 2024.
What are the marriage requirements to receive Social Security spouse's benefits? Generally, you must be married for one year before you can get spouse's benefits. However, if you are the parent of your spouse's child, the one-year rule does not apply.
The Social Security Administration (SSA) will pay out whichever of those benefits would give them the bigger monthly payment. However, a person can claim their own benefits before their spouse claims theirs, and then apply for a spousal benefit later on.
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.
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.
If your spouse dies, do you get both Social Security benefits? You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement. If you qualify for both survivor and retirement benefits, you will receive whichever amount is higher.
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.
Either spouse can maximize their regular Social Security benefit amount by waiting past their full-retirement age to apply, up to age 70. Benefits generally increase 8% each year filing is delayed.
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.
This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.
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.
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 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.
A: No, spousal support is not mandatory in California and is fairly uncommon in divorce cases. If couples have been married for a long duration or one spouse makes substantially more than the other, the court may award support to the lower-earning spouse.
You might be entitled to Social Security retirement or disability benefits based on your ex's work record if your marriage lasted at least 10 years. If the benefit based on your work record is more than your ex's benefit, then you will not be eligible.
The widow(er)'s insurance benefit rate equals 100 percent of the deceased worker's primary insurance amount plus any additional amount the deceased worker was entitled to because of delayed retirement credits. (See §720.)
Your full spouse's benefit could be up to one-half the amount your spouse is eligible to receive at their full retirement age. If you choose to receive your spouse's benefits before you reach full retirement age, your payment will be permanently reduced.
If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.
Survivors benefits, or a “widow's pension” as it's sometimes called, refer to monthly Social Security payments made to the family members of a wage earner who has died. This income can help keep family finances on even footing during a very difficult time.