Spousal benefits are typically denied if the applicant's own earned Social Security benefit is higher than 50% of their spouse's benefit, or if they have not been married for at least one year. Other common reasons include being under age 62, not filing a "deemed" application for their own benefits first, or receiving a government pension subject to the Government Pension Offset (GPO).
Spousal benefits may be denied if the spouse does not meet age or work credit requirements, or if the primary worker's benefits are not yet claimed. Social Security calculates spousal benefits as up to 50% of the primary earner's full retirement amount, based on the spouse's age at claim.
You can qualify for spousal benefits if you meet all these requirements: Your spouse is already receiving retirement benefits. You have been married for at least one year. You are at least 62 years old, or you are caring for a child who is under age 16 or disabled.
The biggest recent change is the Social Security Fairness Act (SSFA) of 2023, effective January 2024, which eliminated the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), meaning your spouse's or survivor's benefits won't be reduced by your non-Social Security government pension anymore, making it much fairer. Also, the "file and suspend" strategy for spousal benefits ended for most, but the core rules remain: you get the higher of your own or your spousal benefit (up to 50% of your partner's), and you can generally switch from spousal to your own higher retirement benefit at full retirement age.
The Social Security spousal benefits loophole, primarily the "File and Suspend" and "Restricted Application" strategies, allowed a higher-earning spouse to delay their own benefits (earning delayed retirement credits) while the lower-earning spouse collected a spousal benefit based on the higher earner's record; however, a 2015 law closed these loopholes for most new applicants, meaning if one spouse claims spousal benefits, their own benefits are also considered claimed, and benefits can't be suspended to let spousal benefits accrue. A separate, less-known exception allows a spouse caring for a disabled adult child (under 22) to receive benefits even if they haven't reached retirement age, as noted by Special Needs Answers.
To calculate spousal Social Security, start with the higher earner's Full Retirement Age (FRA) benefit, take 50% of that amount (the "max spousal benefit"), then subtract the lower earner's own retirement benefit if they have one, resulting in an "excess spousal benefit" that brings them up to that 50% mark, with early filing reducing the amount significantly but not increasing past 50% if the higher earner delays benefits past their FRA.
No, Social Security does not automatically apply spousal benefits; the eligible spouse must actively file an application with the Social Security Administration (SSA), even if the higher-earning spouse has already claimed their own benefits, though the SSA does calculate and pay the higher amount once the spouse applies if it's more advantageous. Key requirements include the spouse being at least 62 (or caring for a qualifying child) and the primary earner having filed for their own benefits first (with some exceptions for divorced spouses).
The maximum spousal benefit is 50% of the amount that the spouse is eligible to receive at full retirement age. Survivors may receive up to 100% of the deceased spouse's Social Security benefit.
Yes, if your spouse hasn't filed yet, you can often claim your own Social Security benefit early (even at 62) and then switch to a larger spousal benefit later when your spouse files for theirs, effectively getting the higher of the two amounts. You'll get your own reduced amount first, then Social Security will automatically adjust it to the spousal amount (up to 50% of your spouse's benefit) when they claim, providing a potentially higher monthly check.
If you've waited to apply for Social Security spousal benefits past your full retirement age, you may be eligible for a retroactive payment. That said, the simplest way to apply for spousal benefits is to do so at your full retirement age and start collecting them right away.
Spousal benefits can be claimed as early as age 62 (see FIGURE 2), but you'll earn more by waiting until your own full-retirement age. Claiming spousal benefits at 62 reduces the spousal benefit to only 32.5% of the higher-earning spouse's full benefit amount (instead of 50% at full-retirement age).
Social Security Disability: Eight Reasons You May Be Denied Benefits
How are spousal benefits calculated? The spousal benefit is based on your spouse's benefit at their FRA, regardless of whether your spouse claimed before, at or after their FRA. 3 The percent you receive is based on your age when you apply for or become eligible for a spousal benefit.
In the United States, pain, depression, and anxiety are among the most common causes of years lived with disability (YLD).
The "new" Social Security spousal rule is actually the end of a strategic loophole from 2016, making it impossible for most people to "file and suspend" or "restricted application" to get spousal benefits while delaying their own higher retirement benefit; instead, deemed filing means you apply for both at once and get the higher amount, but you can't earn delayed credits on your own benefit while collecting spousal benefits. A separate 2025 law (SSFA) also eliminated the Government Pension Offset (GPO) for many public servants, preventing their spouse's or survivor's benefits from being reduced by their non-covered government pension.
What you may not realize is that your spouse may also be able to receive Social Security benefits. In fact, they don't even have to have reached retirement age to qualify for these benefits. They may be eligible, through this loophole, if they are serving as a caregiver at home for your child with disabilities.
To qualify for Social Security spousal benefits, you must generally be at least 62 (or any age if caring for a young/disabled child), married for at least one year, and your spouse must already be collecting their own retirement or disability benefits; divorced spouses have slightly different rules, needing a 10-year marriage and no remarriage before age 60 (or 50 if disabled). You'll receive the higher of your own benefit or the spousal benefit (up to 50% of the worker's full benefit), and claiming early (before full retirement age) may reduce the amount.
How Long Does It Take To Get Approved for Social Security Benefits? The Social Security Administration (SSA) approval process is relatively speedy, but as it is a government program with a huge number of applicants, you can expect to wait 3-5 months before you get your approval for benefits.
Whether you're married or divorced, you may be eligible for monthly retirement income because of a change to the Social Security Act that added benefits for retirees' spouses in 1939.1 More than eight decades later, about 1.9 million people receive an average monthly spousal benefit of $887.
The #1 regret of retirees is not saving enough money, with studies showing a large majority wish they had saved more and started earlier, leading to financial stress and limitations in their desired lifestyle. Other major regrets often center around a lack of planning for time, health, and experiences, such as working too long, putting off travel, or not planning for future healthcare costs, says financial experts and financial planning sources.