What Are Social Security Spousal Benefits? How To Get Disability From Your Current or Former Spouse

You may know this, but many people don’t – you may qualify for disability benefits through a former or current spouse. We get many questions about Social Security spousal benefits for husbands and wives, so we’ll explain the process here. You’ll learn age limits, how they calculate payments, and other crucial info that may help you get approved below.

Social Security Spousal Benefit: Key Takeaways

• You may qualify for disability benefits through a current or former spouse.
• Spouses can receive up to 50% of the worker’s primary insurance amount if they meet certain criteria.
• Spousal benefits are available if the spouse is at least 62 years old or caring for a qualifying child under 16 or disabled.
• Individuals must apply for both their own retirement benefits and spousal benefits simultaneously.
• Both current and former (divorced) spouses can be eligible, depending on length of marriage and other eligibility factors.
• Documents include birth certificates, marriage certificates, W-2 or self-employment tax returns, proof of citizenship, and other identifying documents.

What Are Social Security Spousal Benefits?

Social Security offers several types of spousal benefits designed to support the spouses of retired or disabled workers. A spouse can receive up to 50% of the worker’s primary insurance amount, provided they are at least 62 years old or caring for a qualifying child under 16 or disabled. If the spouse has their own retirement benefits that are higher than the spousal benefits, they will receive their own benefits instead.

To collect spousal benefits, individuals must apply for both their own retirement benefits and spousal benefits simultaneously due to changes in legislation. Delayed retirement credits can increase an individual’s benefits if they delay claiming until age 70, but this does not enhance the maximum spousal benefit amount.

Why Is My Spousal Benefit Lower?

Spousal benefits can be reduced if taken before the normal retirement age. For example, starting benefits at age 62 can reduce the benefit amount to as low as 32.5% of the worker’s primary insurance amount. The reduction is calculated based on the number of months benefits are taken before the full retirement age, with specific formulas for calculating these reductions. When choosing between spousal and personal benefits, individuals should consider their own retirement benefit to maximize future payouts. Receiving spousal benefits depends on various conditions, such as being a caretaker or a divorced spouse.

The spouse’s benefit is calculated based on the spouse’s earnings record, and individuals can switch from personal benefits to spousal benefits under certain conditions.

Step 1: How to Confirm Your Eligibility for SSD Benefits Through Your Current Spouse

Once your husband or wife starts drawing regular Social Security or SSD benefits, you may also qualify for payments of your own.  Here’s how to know if you’re eligible:

1. When did you two get married? If it was more than a year ago, move on to question #2. Otherwise, you cannot apply for spousal SSD until after your one-year anniversary.
2. Do you have kids younger than 16 living at home? If yes, move on to question #4. If no, answer question #3 first.
3. Are you at least 62 years old? If yes, move on to question #4. If not, stop here – you cannot qualify for spousal SSD benefits.  
4. Do you already get some Social Security benefits each month? If yes, then you cannot get spousal SSD payments. (For example: If you’re already drawing early retirement benefits or getting disability payments through your own work record.) If no, move on to question #5.
5. Is your personal monthly income from all sources combined less than $1,550? If yes, great! You almost certainly qualify for SSD benefits through your spouse. Otherwise, you make too much money to qualify for spousal SSD. (All sources combined include things like child support/alimony payments, earned interest, paychecks, dividends, etc.)

Step 2: How to Confirm Your Eligibility for SSD Benefits As a Divorced Spouse

If your ex-husband or wife gets SSD benefits each month, you may still qualify for spousal disability after your divorce. Here’s how to check your eligibility:

1. How long did your marriage last? If it was 10 years or longer, move on to question #2. Otherwise, you cannot apply for SSD benefits through your former spouse.
2. Did you marry anyone else after your divorce? If yes, stop here – you can’t get disability benefits through your former spouse. Otherwise, move on to question #3.
3. Do you have any kids with your former spouse who are younger than 16 and living in your home? If yes, move on to question #5. If no, answer question #4 first.
4. Are you at least 62 years old? If yes, move on to question #5. If no, stop here – you cannot qualify for spousal SSD benefits.
5. Do you already get some Social Security benefits each month? If yes, then you cannot get SSD payments through your former spouse. (For example: If you’re already drawing early Social Security or getting disability payments through your own work record.) If no, then move on to question #6.
6. Is your personal monthly income from all sources combined less than $1,550? If yes, great! You almost certainly qualify for SSD benefits through your former spouse. Otherwise, you make too much money to qualify for spousal SSD. (All sources combined include things like child support/alimony, earned interest, paychecks, dividends, inheritance, etc.)

Step 3: Which Social Security Payment Will You Get & How Much?

Age plays a role in whether you qualify for SSD benefits through a current or former spouse. If you have kids younger than 16 at home, you can qualify for spousal SSD at any age. Otherwise, you cannot get spousal Social Security before your 62nd birthday. However, that’s also when you can start drawing early retirement from Social Security. If you qualify for a higher Social Security benefit on your own work record, you won’t get spousal SSD payments. The most any spouse can receive in monthly SSD or Social Security benefits is 50% of the qualifying worker’s payment amount. Eligibility for retirement benefits also depends on your age and work history, and the amount you receive can vary based on these factors.

Social Security retirement benefits are calculated based on your earnings history and the age at which you start receiving benefits. For retired workers and their spouses, the full retirement age plays a crucial role in determining the benefit amount. Spousal benefits are intertwined with the primary insurance amount, and careful timing of applications can maximize these benefits.

Here’s an example of how that works:

1. Janet, Bob’s wife, just turned 63. She stopped working 10 years ago to care for an aging parent.
2. According to the Social Security Administration (SSA), Janet’s normal retirement age is 66.
3. Bob, who’s 60, receives $2,000 in Social Security disability benefits each month.
4. Janet applies for SSD benefits through Bob, her spouse. As Bob’s spouse, Janet can qualify for a maximum of $1,000 in monthly SSD benefits.
5. The SSA then applies the early retirement reduction formula to that $1,000 spousal benefit. Because Janet is 36 months away from full retirement age, she cannot get more than $750/month in spousal SSD benefits.
6. The SSA checks Janet’s work record. If Janet applies for regular Social Security at age 66, she qualifies for $800/month in benefits. They then apply the early retirement reduction formula to Janet’s benefit if paid on her own work record. Janet’s early retirement payment on her own work record at 63 is $600/month.
7. Because Janet qualifies for more money through her spouse, Bob, the SSA pays her $750 in monthly benefits. Timing is crucial in maximizing spousal Social Security benefits, and couples should evaluate their individual circumstances to determine the best strategy.

Documents You Need to Apply for Social Security Disability Benefits

Here are the documents you must submit in order to qualify for SSD benefits through a current or former spouse:

1. Your original birth certificate (the SSA will not accept copies or photos of this document).
2. Copies of your W-2 or self-employment tax returns for the last year.
3. Your original marriage certificate (the SSA will not accept copies or photos of this document).
4. If you’re divorced and applying through a former spouse, your original, final divorce decree. (The SSA will not accept copies of this document.)
5. Your military service discharge papers, if applicable (you must submit originals, the SSA won’t accept any copies).
6. Were you born outside the U.S.? You must also submit proof you’re an American citizen or resident with lawful alien status. The SSA will not accept copies; you must submit original documents for this section, if applicable.
7. A canceled check or papers with your current banking information. This allows the SSA to directly deposit monthly benefits directly into your account. Otherwise, those checks might go to your current or former spouse.

Unlock Retirement Benefits With Your Partner

Understanding Social Security spousal benefits can significantly impact your financial stability, especially if you are or were married to someone receiving Social Security or disability benefits. Whether you’re a current or former spouse, you may be eligible for up to 50% of the worker’s primary insurance amount, provided you meet specific criteria.

Carefully consider your age, marital status, and income level to determine your eligibility and maximize your benefits. Ensure you have all the necessary documents, such as birth and marriage certificates, tax returns, and proof of citizenship, to streamline the application process.

By staying informed and prepared, you can navigate the complexities of Social Security spousal benefits and secure the support you need.