The rules for Social Security spousal benefits let you collect up to 50% of your husband’s, wife’s, or ex-spouse’s full retirement benefit if you’re at least 62 and the marriage meets certain length requirements. You don’t need your own work history to qualify, but the amount depends on when you file, whether you’re also entitled to a benefit on your own record, and, for divorced spouses, how long the marriage lasted.
Who Qualifies as a Spouse
To claim on a current spouse’s record, you must be legally married to the worker for at least one continuous year before you apply, be at least 62 years old, and the worker must already be collecting their own retirement or disability benefit.1Office of the Law Revision Counsel. 42 USC 402 – Old-Age and Survivors Insurance Benefit Payments
The age floor drops away entirely in one situation: if you’re caring for the worker’s child who is under 16 or has a disability that began before age 22, you can collect at any age.1Office of the Law Revision Counsel. 42 USC 402 – Old-Age and Survivors Insurance Benefit Payments
Same-sex marriages recognized in any state or foreign jurisdiction qualify under the same rules following the Supreme Court’s 2015 decision in Obergefell v. Hodges.2Social Security Administration. What Same-Sex Couples Need to Know Common-law marriages count too, but only if they’re valid under the laws of a state that recognizes them.3Social Security Administration. Common-Law Marriage – General
Rules for Divorced Spouses
You can claim on an ex-spouse’s record if your marriage lasted at least 10 years before the divorce was final, you’re currently unmarried, and you’re at least 62. Remarriage generally ends your eligibility on the former spouse’s record unless that later marriage also ends.4Social Security Administration. SSA Handbook 311 – When Are You Entitled to Divorced Spouse’s Insurance Benefits
You don’t need your ex’s permission or even knowledge. Once you’ve been divorced at least two continuous years and the worker is 62 and fully insured, you can file on your own. Your ex doesn’t have to have claimed their own benefits yet. This rule prevents a former partner from blocking your access by delaying retirement.4Social Security Administration. SSA Handbook 311 – When Are You Entitled to Divorced Spouse’s Insurance Benefits
If you were married to the same person more than once, SSA can treat those marriages as one continuous period as long as you remarried no later than the calendar year after the divorce became final.5Social Security Administration. More Info: If You Had a Prior Marriage
How Much You Can Receive
The maximum spousal benefit is 50% of the worker’s Primary Insurance Amount, meaning the monthly benefit they’d get at full retirement age. For anyone born in 1960 or later, full retirement age is 67.6Social Security Administration. Delayed Retirement – Born in 19607Social Security Administration. Benefits for Spouses
If you also qualify for a retirement benefit on your own work record, SSA pays your own benefit first and then adds a supplement to bring you up to the spousal amount if the spousal figure is higher. You don’t get both stacked on top of each other. The total is simply whichever amount is higher.7Social Security Administration. Benefits for Spouses
No Bonus for Waiting Past Full Retirement Age
Workers can grow their own benefit by delaying up to age 70, but spousal benefits stop growing at full retirement age. The 50% figure is the ceiling. Waiting until 68 or 70 to file as a spouse earns nothing extra, so once you’ve reached full retirement age and you’re eligible, there’s no financial reason to delay.7Social Security Administration. Benefits for Spouses
What Filing Early Costs You
You can start as early as 62, but the reduction is permanent. SSA cuts the spousal benefit by 25/36 of one percent for each of the first 36 months you file early, and by an additional 5/12 of one percent for each month beyond that.7Social Security Administration. Benefits for Spouses
Here’s what that looks like in practice. If your full retirement age is 67 and you file at 62, you’re 60 months early. The first 36 months cost you 25% of the base spousal amount. The next 24 months cost another 10%. A 50% spousal benefit drops to roughly 32.5% of the worker’s PIA. On a worker’s PIA of $2,500, that’s the difference between $1,250 a month at 67 and about $813 a month at 62. The reduction doesn’t reverse when you reach full retirement age.7Social Security Administration. Benefits for Spouses
Working While Collecting
If you’re under full retirement age and still working, the earnings test can temporarily hold back part of your check. For 2026, SSA withholds $1 in benefits for every $2 you earn over $24,480.8Social Security Administration. Receiving Benefits While Working
The rule loosens in the calendar year you reach full retirement age. The threshold jumps to $65,160, and SSA only withholds $1 for every $3 over the limit, counting only earnings from the months before you hit full retirement age.9Social Security Administration. Exempt Amounts Under the Earnings Test
Once you reach full retirement age, the earnings test disappears completely. Withheld money isn’t lost either: SSA recalculates your benefit at full retirement age to credit back the reduced months, which raises your monthly payment going forward.8Social Security Administration. Receiving Benefits While Working
When the Worker Dies
Spousal benefits end when the worker dies, but a different benefit takes over. As a surviving spouse, you can claim survivor benefits as early as age 60, or 50 if you have a disability. At full retirement age the survivor amount equals 100% of what the worker was receiving, well above the 50% spousal cap during the worker’s lifetime.10Social Security Administration. Survivors Benefits
Divorced surviving spouses follow parallel rules: 10-year marriage, age 60 (or 50 with a disability), and no remarriage before age 60. Remarrying after 60 does not cut off survivor eligibility on a former spouse’s record.11Social Security Administration. Who Can Get Survivor Benefits
How to Apply
File using Form SSA-2, the application for spouse’s or divorced spouse’s benefits. It’s available on SSA.gov and can be submitted online, by phone, or in person at a local office. You can apply up to four months before you want benefits to start.12Social Security Administration. Form SSA-2 – Information You Need to Apply for Spouse’s or Divorced Spouse’s Benefits
Have these ready before you begin:
- Social Security numbers for you and the worker
- Your birth certificate (original or certified copy)
- Proof of citizenship or lawful immigration status
- Your marriage certificate, or divorce decree if claiming as a former spouse
- Bank routing and account numbers for direct deposit
- Current and recent employer names and earnings information
The application also asks about prior marriages, any children in your care, military service, railroad employment, and whether you expect a pension from work not covered by Social Security. Gathering this ahead of time avoids follow-up requests that slow the decision.12Social Security Administration. Form SSA-2 – Information You Need to Apply for Spouse’s or Divorced Spouse’s Benefits Track your application through your personal my Social Security account online after you submit.