Married? Here Are 3 Social Security Rules You Need to Know | The Motley Fool (2024)

Married couples are subject to special rules about Social Security.

When you're married, you'll usually coordinate with your spouse about a wide variety of financial decisions. But one of the most important choices you'll need to collaborate on is when to claim Social Security benefits.

Working together to decide when to start receiving retirement checks is crucial, because there are special rules built into the benefits program for married couples. Because of them, one spouse's decision about when to get their first Social Security check can have a profound impact on their partner.

This may seem confusing, but the bottom line is there are three big rules every married couple needs to know. Here's what they are.

Married? Here Are 3 Social Security Rules You Need to Know | The Motley Fool (1)

Image source: Getty Images.

1. Your decision to claim benefits early could affect survivor benefits

In most cases, married senior couples have two Social Security checks coming into the household. Each partner gets their own check. But when one person dies, his or her payments cease. This can lead to a big reduction in total household income.

The good news, however, is that the remaining spouse is entitled to survivor benefits. As a result, they get to keep the larger of the two payments either person was receiving. If the lower earning spouse is getting a $1,500 retirement benefit and the higher earner is receiving $1,800, the last surviving spouse would be able to continue receiving the $1,800 after their partner's death.

Unfortunately, if the higher earner has made a decision -- like claiming benefits early -- that shrinks their Social Security check, survivor benefits are also reduced. This could have a devastating impact on the widow(er) left behind. As a result, it's crucial to consider how your partner will fare if you were the spouse who earned more over your career. If you decide to start getting Social Security checks ASAP rather than waiting as long as possible to maximize survivor benefits, this could create serious financial hardship if you pass away first.

2. Your spouse can't claim spousal benefits unless you've started yours

When you're married, you have the choice of claiming either your own retirement benefits (assuming you're eligible for them) orgetting spousal benefits.

Spousal benefits are based on your partner's work history, and equal up to 50% of your partner's primary insurance amount (the standard benefit available at full retirement age). There's just one problem: They won't become available until the primary earner whose work record spousal benefits are based on has claimed their own retirement benefits. In other words, if a husband wants to claim spousal benefits based on his wife's earning history, his wife would have to start her retirement benefits first, or vice versa.

Sometimes, it still makes sense for the higher earner to put off a benefits claim, even if that means spousal benefits can't be started. After all, as mentioned above, waiting would increase survivor benefits. But in other circ*mstances, the higher earner may want to start checks ASAP to make spousal benefits available.

This could make sense, for example, when one spouse didn't work enough to get any retirement benefits at all. In this circ*mstance, the couple would have no Social Security checks coming in until the higher earner claimed -- but once that happened, two checks could start coming.

3. You can't earn delayed retirement credits on spousal benefits

Finally, if you're claiming spousal benefits, you should know that claiming them prior to your full retirement age can reduce them. But delaying a claim beyond FRA won't increase them.

While your own retirement benefits go up if you wait longer to claim them up until age 70, no delayed retirement credits can be earned on spousal benefits. As a result, monthly Social Security checks don't increase if you wait to claim spousal benefits after FRA.

Understanding all three of these rules can help you coordinate with your partner so you can decide together when each person should claim benefits to get the maximum combined Social Security income throughout your lifetimes.

Married? Here Are 3 Social Security Rules You Need to Know | The Motley Fool (2024)

FAQs

What is the new spousal rule for Social Security? ›

A Social Security spousal rule that has been around for decades officially ends this year for everyone except those who turned 70 on Jan. 1, 2024. The rule allows recipients to switch between their benefits and their spouses to receive the maximum amount.

What is the weird marriage rule for Social Security? ›

If a surviving spouse remarries before reaching age 60, he or she will no longer be entitled to Social Security survivor benefits based on the prior spouse's record unless the subsequent marriage ends. Remarriage that occurs at age 60 or later does not affect the survivor benefit rules.

What is the loophole for Social Security spousal benefits? ›

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.

How can a wife get half of her husband's Social Security? ›

When Can My Spouse Collect Half of My Social Security?
  1. Once you turn 62, you typically qualify for a spouse's Social Security benefit.
  2. The spouse's Social Security benefit amount is up to one-half the amount that the wage-earning spouse is eligible to receive at full retirement age.
Mar 12, 2024

Can 2 ex wives collect husband's Social Security? ›

If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.

What is the best Social Security strategy for married couples? ›

In this common situation, the optimum strategy is often to have the husband begin his Social Security benefits at age 70, with the wife starting her Social Security benefits at her full retirement age, or even earlier.

When a husband dies, does the wife get his social security disability? ›

SSDI survivors benefits also include an ongoing monthly payment to surviving spouses (or another eligible family member). The amount of these benefits is based on a decedent's work history and average lifetime earnings. The longer they worked, the higher the monthly benefit payment will be.

What percentage of a husband's Social Security does a wife get? ›

For a spouse who is not entitled to benefits on his or her own earnings record, this reduction factor is applied to the base spousal benefit, which is 50 percent of the worker's primary insurance amount.

What benefits will I lose if I get married? ›

Views: If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.

What are the rules for collecting your spouse's Social Security? ›

Your full spouse's benefit could be up to one-half the amount your spouse is eligible to receive at their full retirement age. If you choose to receive your spouse's benefits before you reach full retirement age, your payment will be permanently reduced.

Can I get my ex-husband's Social Security when he dies? ›

A surviving spouse, surviving divorced spouse, unmarried child, or dependent parent may be eligible for monthly survivor benefits based on the deceased worker's earnings. In addition, a one-time lump sum death payment of $255 can be made to a qualifying spouse or child if they meet certain requirements.

Can my wife take Social Security at 62 and then switch to spousal benefit? ›

Only if your spouse is not yet receiving retirement benefits. In this case, you can claim your own Social Security beginning at 62 and make the switch to spousal benefits when your husband or wife files.

What is the Social Security 5 year rule? ›

If you become disabled before your full retirement age, you might qualify for Social Security disability benefits. You must have worked and paid Social Security taxes in five of the last 10 years.

Can a second wife get husband's Social Security? ›

Remarriage at any time makes the widow potentially eligible for spouse benefits on her new husband's work record, so marriage is unlikely to leave a woman ineligible for Social Security. However, spouse benefits may be less generous than widow benefits for two reasons.

Can my wife collect Social Security if she never worked? ›

To receive Social Security retirement benefits, a nonworking spouse must meet the following criteria: Be at least age 62. If the nonworking spouse cares for a qualifying child, they may be eligible to receive benefits before age 62.

Can a wife collect her own Social Security and then switch to spousal benefit? ›

If you claim your regular Social Security benefit before your higher-earning spouse does, you have the option of switching to spousal benefits at a later date when (or after) your spouse decides to file.

When a husband dies, does his wife get his Social Security? ›

Surviving spouse, any age, with a child younger than age 16, gets 75% of the worker's benefit amount. Child gets 75% of the worker's benefit amount. There's a limit to the benefits we can pay to you and other family members each month. The limit varies between 150% and 180% of the deceased worker's benefit amount.

When can a wife draw off her husband's Social Security? ›

In addition, to be eligible for spouse's benefits, you must be one of the following: 62 years of age or older. Any age if you have a child who is younger than 16 in your care or has a disability and is entitled to benefits on your spouse's record.

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