Social Security spousal benefits let you collect a monthly payment based on your husband’s, wife’s, or former spouse’s earnings record, worth up to 50 percent of the amount they would receive at their full retirement age. To qualify, the worker must already be collecting their own retirement or disability benefit, you must be at least 62 (or caring for their child under 16 or with a qualifying disability), and your own retirement benefit, if any, must be smaller than the spousal amount. That is how Social Security spousal benefits work at their core; the details below decide what you actually receive and when to file.1Social Security Administration. Benefits for Spouses2eCFR. 20 CFR 404.330 – Who Is Entitled to Wife’s or Husband’s Benefits
Who Qualifies
Your marriage must have lasted at least one continuous year before you apply, unless you and the worker are the natural parents of a child together.2eCFR. 20 CFR 404.330 – Who Is Entitled to Wife’s or Husband’s Benefits The worker also has to have filed for their own benefit. There is one workaround to that last rule for former spouses, covered below.
Divorced Spouses
You can claim on an ex-spouse’s record if the marriage lasted at least ten years, you are currently unmarried, and you are at least 62.3eCFR. 20 CFR 404.331 – Who Is Entitled to Wife’s or Husband’s Benefits as a Divorced Spouse Remarrying ends your eligibility on the former spouse’s record.4Social Security Administration. Will Remarrying Affect My Social Security Benefits
Divorced applicants have one advantage current spouses don’t: you can file even if your former spouse has not yet claimed, as long as the divorce happened at least two years ago and the former spouse is at least 62.3eCFR. 20 CFR 404.331 – Who Is Entitled to Wife’s or Husband’s Benefits as a Divorced Spouse Your ex is not notified, and your claim does not reduce their benefit.
Common-Law Marriages
In states that recognize common-law marriage, you can qualify without a marriage certificate. The SSA applies the law of the state where the couple lived. Preferred proof is signed statements from both spouses and two blood relatives confirming the relationship, though other convincing evidence can be accepted if those statements aren’t available.5Social Security Administration. 20 CFR 404.726 – Evidence of Common-Law Marriage
How Much You Get
The starting point is the worker’s primary insurance amount, meaning the monthly benefit they would receive at full retirement age. Fifty percent of that figure is the ceiling for a spouse.1Social Security Administration. Benefits for Spouses Full retirement age is 67 for anyone born in 1960 or later.6Social Security Administration. Benefits Planner – Retirement Age Calculator
One point catches many couples off guard. If the worker waits past full retirement age to claim, they earn delayed retirement credits that increase their own check. Those credits do not increase your spousal benefit. Your amount is always figured from the primary insurance amount, not from whatever the worker is actually receiving.1Social Security Administration. Benefits for Spouses
Claiming Before Full Retirement Age Cuts It Permanently
You can start as early as 62, but the reduction is permanent. It’s calculated at 25/36 of one percent per month for the first 36 months before full retirement age, plus 5/12 of one percent for each additional month.1Social Security Administration. Benefits for Spouses
If your full retirement age is 67 and you claim at 62, you drop from 50 percent of the worker’s primary insurance amount to roughly 32.5 percent. Every month you wait between 62 and 67 lifts the percentage, and at full retirement age you get the full 50 percent. There is no bonus for delaying spousal benefits beyond full retirement age.1Social Security Administration. Benefits for Spouses
If You Also Qualify on Your Own Record
When you’re entitled to both a retirement benefit on your own work and a spousal benefit, the SSA doesn’t stack them. You receive your own retirement benefit first, and if the spousal amount would be higher, the SSA adds a supplement to bring your total up to that spousal amount. In effect, you get the larger of the two.1Social Security Administration. Benefits for Spouses
The deemed filing rule closes off any strategy of taking one and delaying the other. When you file for either benefit, the SSA treats you as having filed for both, and you automatically receive the higher amount.7Social Security Administration. Filing Rules for Retirement and Spouses Benefits Deemed filing applies to anyone born on or after January 2, 1954, so the older “restricted application” workaround is effectively gone.8Social Security Administration. SSA Handbook Section 1510
Two situations sit outside deemed filing: survivor benefits, which you can claim while letting your own retirement benefit keep growing, and spousal benefits you receive while caring for the worker’s child.7Social Security Administration. Filing Rules for Retirement and Spouses Benefits
Working While You Collect
Claiming before full retirement age while continuing to work triggers the earnings test. In 2026, the SSA withholds $1 in benefits for every $2 you earn above $24,480.9Social Security Administration. Receiving Benefits While Working10Social Security Administration. 2026 Cost-of-Living Adjustment (COLA) Fact Sheet
In the calendar year you reach full retirement age, the threshold jumps. For 2026, the SSA withholds $1 for every $3 above $65,160, and only earnings from months before the month you hit full retirement age count.11Social Security Administration. How Work Affects Your Benefits From the month you reach full retirement age forward, the earnings test disappears and no amount of work income reduces your benefits.
The withheld money isn’t gone. Once you reach full retirement age, the SSA recalculates your benefit to credit back the months that were reduced, and your monthly payment rises slightly to reflect that.
Taxes on Your Spousal Benefit
Spousal benefits count as Social Security income federally. Whether any of it is taxable depends on your “combined income”: adjusted gross income, plus nontaxable interest, plus half of your total Social Security benefits. The thresholds are not adjusted for inflation.
- Combined income below $25,000 (single) or $32,000 (married filing jointly): none of your benefits are taxed.
- Between $25,000 and $34,000 (single), or $32,000 and $44,000 (married filing jointly): up to 50 percent may be taxable.
- Above $34,000 (single) or $44,000 (married filing jointly): up to 85 percent may be taxable.12Internal Revenue Service. Publication 915 – Social Security and Equivalent Railroad Retirement Benefits
If you file married filing separately and lived with your spouse at any point during the year, your base amount is $0, and up to 85 percent of benefits are taxable regardless of income.12Internal Revenue Service. Publication 915 – Social Security and Equivalent Railroad Retirement Benefits
What Happens If Your Spouse Dies
Survivor benefits are a separate program, not the same as spousal benefits. They can pay up to 100 percent of the deceased worker’s benefit, compared with the 50 percent cap on spousal benefits. Reduced survivor benefits start as early as age 60, or 50 if you are disabled, and at 60 the amount is about 71.5 percent of the worker’s benefit. It rises with age and reaches 100 percent at your full retirement age for survivor purposes, which falls between 66 and 67 depending on your birth year.13Social Security Administration. What You Could Get From Survivor Benefits
Because deemed filing does not reach survivor benefits, a widow or widower who also has their own retirement benefit can claim one first and switch to the other later. A common approach is starting survivor benefits at 60 and letting the retirement benefit grow until 70.7Social Security Administration. Filing Rules for Retirement and Spouses Benefits
The Government Pension Offset No Longer Applies
For years, the Government Pension Offset reduced or eliminated spousal benefits for people receiving a pension from government work not covered by Social Security. The Social Security Fairness Act, signed into law on January 5, 2025, repealed that provision, and the repeal applies retroactively to benefits payable for January 2024 and later.14Social Security Administration. Social Security Fairness Act – Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) If your spousal benefit was cut or denied on that basis, contact the SSA about a recalculation.
How to Apply
You can apply online if you’re within three months of turning 62 or older. You can also file by phone at 1-800-772-1213 or in person at a local Social Security office, though scheduling an appointment first cuts wait times.15Social Security Administration. Form SSA-2 – Information You Need to Apply for Spouse’s or Divorced Spouse’s Benefits
Have these ready:
- Social Security numbers for both you and your spouse or former spouse.
- Original or certified birth certificate.
- Government-issued marriage certificate.
- Proof of U.S. citizenship or lawful status if you weren’t born in the United States.
- Final divorce decree, if applying on a former spouse’s record.
- Bank routing and account numbers, since federal law requires electronic payment.16Social Security Administration. Direct Deposit
The SSA needs originals or certified copies of most documents and will return them. Photocopies are accepted only for W-2s, tax returns, and medical records.15Social Security Administration. Form SSA-2 – Information You Need to Apply for Spouse’s or Divorced Spouse’s Benefits
If you apply after your full retirement age, the SSA can pay you retroactively for up to six months before the month you filed, provided you met all eligibility rules during that stretch.17Social Security Administration. SSA Handbook Section 1513 – Retroactive Effect of Application Retroactive payments are not available before full retirement age, because backdating there would only pull in additional early-claiming reductions.