American marriages and work have changed a lot since President Roosevelt signed Social Security into law in 1935.
However, the “traditional” benefits to protect nonworking, dependent wives still exist. They’ve been extended to men too, though it’s still mainly women who collect them.
If you’ve lost work or income due to giving birth, child-rearing or not earning as much income as your spouse, you may not be receiving all your benefits.
That’s especially true if, like so many, you’ve had multiple marriages.
First, Though, What is “Marriage?”
Basically, the Social Security Administration has always had a policy of following applicable state laws. This could mean the state in which a marriage ceremony was performed and the state in which the couple now reside.
For example: back when two adults would be ashamed to live together without marrying, states recognized “common law” marriages under varying conditions – and SSA followed the state laws. That concept now seems as quaint as rotary-dial telephones, but if you believe you may qualify for a legal relationship with someone you lived with for a substantial amount of time, check out the law in that state.
Thanks to the Supreme Court’s Obergefell v. Hodges decision on June 26, 2015, SSA recognizes same-sex marriages performed in jurisdictions where they were legal – and, on an ongoing basis, they are legal in all 50 states plus the District of Columbia.
Who Won’t Qualify for Spousal Benefits (When Your Spouse the Wage Earner is Alive)
If you’ve made roughly close to, the same or more income over your lifetime as your spouse.
That’s because SSA pays you first – based on your own earnings record. That is, how much money you’ve made from working at a job or your own business.
If you’ve worked too little to receive anything on your own record (say you’ve spent most of your life as a traditional “housewife”), you’ll receive only what you’re due based on your partner’s work record.
If that is less than what you’re due as a spouse, they pay you a supplement to make your check amount the same as spousal benefits.
However, if you’re due more money on your own record, that’s what they pay you.
Most women are going to find they’re due more money based on their own work records.
(But even if that’s you now, check the situation out again when your spouse passes away.)
Current Spousal Benefit Requirements – Wage Earner is Alive and You Do Not Have Their Minor Child in Your Care
1. Your spouse has filed for retirement.
2. You’re at least 62 years old.
3. You’ve been married at least one year.
You must be at least 62 years old, but 62 is “early” retirement. Your benefits will be reduced if you file before your full retirement age (66 to 67, depending on when you were born).
What if your spouse filed for retirement prior to their full retirement age?
Your benefits are not reduced if your spouse retires “early.” However, your benefits are reduced if you file before reaching your full retirement age.
You Have a Minor Child of the Wage Earner in Your Care
You can receive spousal benefits no matter what your age if a minor child of the wage earner is in your care.
Most people don’t think of a “retired” person as having minor children, but, hey, it happens. It also applies if the wage earner is disabled, and that could be at any age.
If you’re receiving spousal benefits because you’re raising a minor child and you’re still below age 62, your earnings are not relevant. They won’t matter until you are old enough to retire.
What If You’re a Divorced Spouse?
You might be eligible if your ex could qualify for retirement benefits and:
1. You are 62 or older.
2. Your marriage lasted at least ten years.
3. You’ve been divorced at least two years.
4. You are single now.
5. The amount you receive on your own record is less than what you’re due.
(If you were born before January 2, 1954, you are allowed to delay drawing your own retirement benefits until later. You could choose to draw checks on your divorced spouse’s record while delaying your own retirement until you reach full retirement age. But if you’re still working, the retirement earnings benefit limits are still in force.
(This is a complicated situation, and won’t apply to many people. In my experience, most people just want to get everything they can now – right now. But if you want to keep working, this can add to your monthly income until you draw your own retirement.)
But I Don’t Want My Spouse’s Ex to Receive Social Security on My Spouse’s Record
What a divorced spouse draws does not affect how much you’re eligible for.
I Want to Receive Spousal Benefits While I Keep Working
Just like divorced spouses, spouses can choose to draw spousal benefits while delaying filing for their own retirement claims – but only if you were born before January 2, 1954.
Obviously, this option is running out, because those eligible for it are already at least 65.
What If My Spouse is Deceased?
You can draw widow(er) benefits if:
1. You’re at least 60 years old.
2. They were fully insured for Social Security at the time of their death.
3. You are unmarried.
4. Your own retirement benefits do not exceed what you’d get from your spouse’s record.
5. You are not responsible for your spouse’s death. (Sadly, sometimes spouses do kill their spouses.)
What To Do Now
Think about your past and any current marriages. Keep a record of all spouses’ Social Security numbers. Plus, write down their full legal name, place of birth and date of birth, so SSA can find their SSN if necessary.
Obtain and keep all relevant documents such as marriage certificates and divorce decrees. Document everything.
You’d be amazed if you knew how many people who think they’ve been divorced for decades are still married. Or may as well be, because they don’t know where an ex got the divorce. Or if the ex is dead or alive, still working or what.
Call 1-800-772-1212 to get your latest Personal Earnings Benefit statement to see where you stand right now.
