Social Security Spousal Benefits: Applying for Benefits

by kristine on March 5, 2010

Q:  Can a spouse collect on her husband’s social security if she reaches retirement age before her husband?

A:  No.  In order for a spouse to collect Social Security spousal benefits on her husband’s earnings, the following requirements must be met:

  1. The wife must be at least age 62
  2. The husband must be eligible for benefits, so he must also be at least age 62.  In addition, the husband must actually apply for Social Security retirement benefits in order for his wife to collect based on his earnings.  The husband can then choose to delay collecting benefits.  This strategy is referred to as “file and suspend”.

To give you an example, if the wife is 62 and the husband is 58, the wife can start collecting benefits based on her own earnings, but she can not collect based on her husband’s earnings until he turns 62 and applies for benefits.

However, if the wife is 66 and the husband is 62, then the wife can start collecting based on her husband’s earnings (again the husband must apply for benefits before the wife can collect based on his earnings).

In both examples above, the wife can start receiving benefits based on her own earnings at age 62 (assuming she has at least 40 quarters and qualifies for benefits on her own), then switch to half of her husband’s benefit when her spouse becomes eligible for Social Security.

A couple of points to consider before applying for Social Security spousal benefits:

If a wife applies for spousal benefits based on her husband’s earnings when she reaches full retirement age (age 66 for people retiring now), then she will receive 50% of her spouse’s primary insurance amount (PIA).  However, if she applies at age 62, her benefit will only be 35% of his PIA.

It does not benefit the spouse to apply after her full retirement age, as spousal benefits do not include delayed credits.  In addition, it doesn’t help the wife if the husband delays applying for benefits because she will not receive any increase in benefits that he receives by waiting to apply.

If a spouse reaches full retirement age and is eligible for a spousal benefit or her own benefit, she may claim the spousal benefit now and delay taking her own benefit so she can build up delayed credits on her own benefit.

You can collect Social Security spousal benefits based on an ex-spouse’s earnings as long as you were married for at least 10 years and you are currently unmarried.  If you have more than one ex-spouse that you qualify for spousal benefits, you will receive the highest benefit you qualify for.  One advantage that divorced spouses have over married spouses is that a divorced spouse does not have to wait for a former husband to apply for benefits as long as the couple has been divorced for at least two years when she applies.

Finally, the Social Security retirement system is gender neutral, so while this article has assumed that the wife is the one applying for Social Security spousal benefits, if the wife earns more than the husband, the husband can apply for spousal benefits based on his wife’s earnings.

Reblog this post [with Zemanta]

Related posts:

  1. Common Social Security Retirement Questions
  2. How to Apply For Social Security Retirement Benefits
  3. Social Security Retirement Age: When Can You Retire?

{ 6 comments… read them below or add one }

Lantenna H October 11, 2011 at 11:31 am

I am unclear about drawing benefits for an ex-spouses earnings. I was married for 16 years and then divorced my first ex-husband. Three years later, I remarried and then divorced my 2nd husband after 7 years.

Is it correct, that when I reach age 62 I can draw social security benefits based on my first ex-husband’s earnings if I am unmarried at the time I apply for benefits?

kristine October 11, 2011 at 11:49 am

Lantenna – yes, you are correct. Since you were married to your first husband for more than 10 years, then as long as you are unmarried when you apply for benefits, you can apply for Social Security retirement benefits based on your ex-husband’s earnings when you reach age 62.

Note that you will receive the higher of your own benefits or half of the benefits based on your ex-husband’s earnings, not both. Note also that your benefits will be reduced if you apply at age 62 instead of waiting until you reach full retirement age; also if you are still working, you are limited in how much you can earn while collecting benefits before you reach your full retirement age.

I recommend you read Getting the Maximum Social Security Benefits before applying for benefits.

Lantenna H October 11, 2011 at 11:56 am

Can I schedule an appointment at a local Social Security Office on line?

kristine October 13, 2011 at 5:51 pm

Lantenna – thank you for your question. Currently you can not schedule an appointment online. To schedule, re-schedule or cancel an appointment you can call SSA at 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. to 7 p.m., Monday through Friday, or you can contact your local Social Security office.

However, you no longer need an appointment to file for benefits. You can file for retirement, disability or Medicare benefits online now by visiting http://www.socialsecurity.gov/

If you have started an application online, then you have the ability to schedule an appointment online if the information you provided does not match the information that Social Security has. Hopefully the ability to schedule online appointments for everyone will be available soon.

Melva November 7, 2011 at 8:12 pm

If the husband is 4 years older than the spouse and has reached retirement age but decides to continue working and not take his social security, can the wife apply for spousal benefits? Husband is 67 and wife is 63. They are divorced. What does she do? What information does she need to have in order to apply for spousal benefits? If she cannot find his social security number what can she do?

kristine November 7, 2011 at 8:31 pm

Melva, thank you for your question. Just to clarify you are asking about a divorced couple. An ex-wife can apply for benefits based on her ex-husbands earnings if the couple was married for at least 10 years, and they have been divorced for at least 2 years. Unlike with married couples, when you are applying for divorced spouse benefits the ex-husband does not have to actually be collecting Social Security, he just has to be eligible for benefits (i.e., he must be 62 years or older). Also, the ex-wife can apply for benefits as early as age 62, however, her benefits will be reduced for every month that she collects benefits before she reaches her full retirement age (66 for people born between 1943-1954).

When the ex-wife applies for benefits, Social Security will calculate her benefits based on her own record first, then the spousal benefit will be calculated. She will receive the higher of her own benefit or half of her ex-husbands benefit (based on his primary insurance amount). If you are divorced and don’t know your ex-spouse’s social security number, you can refer to your old tax returns (when you were married) to find that information. If you don’t have the tax returns, contact the IRS for a copy.

Finally, you can apply for benefits online at ssa.gov, by visiting your local Social Security office, or by calling 1-800-772-1213.

Leave a Comment

Previous post:

Next post: