How to Apply for Social Security Spousal Benefits

Spousal Social Security benefits allow you to claim up to 50% of your spouse’s full retirement benefit while your spouse is alive. The application process requires a strategic timing decision and proper documentation. The decisions you make during this process will impact your lifetime benefits, so it essential to file correctly the first time.

At The Keener Law Firm, our many years of daily experience representing clients and guiding them through complex Social Security rules and regulations have shown us that spousal benefits claims require careful attention to detail. We work diligently to ensure our clients receive the maximum benefits to which they are entitled.

What Are Spousal Social Security Benefits?

Spousal Social Security benefits are monthly payments you can receive based on your spouse’s work history and their Social Security earnings record. You could be eligible for up to 50% of your spouse’s full retirement benefit amount if you file your claim when you reach your full retirement age while your spouse is living.

The Social Security Administration (SSA) makes several types of spousal benefits available.

• Retirement spousal benefits are available when your spouse is receiving retirement benefits.
• Survivor benefits provide support when your spouse has died and can be up to 100% of your deceased spouse’s benefit amount, depending on your age when you claim benefits.
• Divorced spouse benefits are available even after your marriage has ended, provided certain conditions are met.

Who Qualifies for Spousal Social Security Benefits?

You qualify for spousal benefits if you are at least 62 years old and married to someone who receives Social Security retirement or disability benefits. Your marriage must have lasted at least one year before you can claim these benefits while your spouse is alive. If you are caring for your spouse’s child who is under 16 or disabled, you may qualify for disability benefits at any age.

Divorced spouses can also qualify for benefits on their ex-spouse’s record. Your marriage must have lasted at least 10 years. You must be unmarried, and you must be at least 62 years old. Your ex-spouse must be eligible for Social Security benefits, though they do not need to be receiving them currently.

How Much Can You Receive in Spousal Benefits?

The maximum spousal benefit equals 50% of your spouse’s full retirement age benefit amount. However, if you claim benefits before reaching your full retirement age, your benefit will be reduced permanently. If you claim at age 62, the reduction can be as much as 30%.

Your full retirement age depends on the year of your birth. If you were born in 1960 or later, your full retirement age is 67. If you were born between 1943 and 1954, your full retirement age was 66. Those born in 1954 reached that age in 2020. For those born between 1955 and 1959, their full retirement age is two months later than 66 for each respective year.

If you have your own work record, Social Security will first pay your own benefit. Then, if your spousal benefit would be higher, the SSA will add the difference to bring your total payment up to the spousal benefit amount. However, you need to be vigilant to ensure you are receiving the maximum benefit you are entitled to.

When Should You Apply for Spousal Benefits?

The timing of your spousal benefits claim impacts your lifetime benefits. You can apply as early as age 62 but claiming early results in permanently reduced benefits. Waiting until your full retirement age ensures you receive the full 50% spousal benefit.

Spousal benefits don’t earn delayed retirement credits if you wait past full retirement age. There is no financial advantage to waiting beyond your full retirement age to claim spousal benefits.

At The Keener Law Firm, our experienced Social Security benefits attorneys can help you coordinate timing strategies to maximize your combined household benefits.

What Documents Do You Need to Apply?

It’s important to gather the proper documentation before applying for any Social Security benefits. This will streamline the process and prevents delays. You will need to have these documents handy:

• your Social Security card or a record of your Social Security number
• birth certificate or other proof of age
• proof of U.S. citizenship or legal residency if you were not born in the United States.

Marriage documentation is essential. You will need to have your marriage certificate, and if you have been married before, you will need divorce decrees or death certificates from previous spouses.

If you are applying for divorced spouse benefits, you need to provide your divorce decree.

As with all federal benefits, providing your bank account information for direct deposit helps ensure secure payments receive on time.

You can apply for spousal Social Security benefits online through the Social Security Administration website, by phone at 1-800-772-1213, or by visiting your local Social Security office. The online application is available 24 hours a day, calling Social Security connects you with representatives Monday through Friday from 8:00 AM to 7:00 PM, and local offices provide face-to-face assistance with advance appointments.

While you can file a spousal benefits claim without legal representation, working with experienced Social Security attorneys provides significant advantages. Complex regulations and multiple benefit options make it challenging to determine the best strategy for your situation. Professional assistance helps ensure you avoid common mistakes that could reduce your benefits or cause processing delays. Missing documentation, incorrect timing, or misunderstanding eligibility requirements can cost you thousands of dollars over your lifetime.

How Do Spousal Benefits Change After Your Spouse Dies?

Your benefit amount increases significantly when your spouse passes away and you become eligible for survivor benefits. While spousal benefits are limited to 50% of your spouse’s benefit during their lifetime, survivor benefits can provide up to 100% of your deceased spouse’s benefit if you wait until your full retirement age to claim them.

You can begin receiving disability benefits as early as age 60, though claiming early will reduce your benefit amount. If you claim at age 60, you will receive approximately 71.5% of your spouse’s benefit. The percentage gradually increases each month you delay claiming, reaching the full 100% at your full retirement age.

If you remarry before age 60, you generally cannot receive survivor benefits from your previous spouse. However, if you remarry at age 60 or later, you can continue receiving survivor benefits from your deceased spouse while also being eligible for spousal benefits from your new spouse.

Why Professional Legal Assistance Matters

While you can file a spousal benefits claim without legal representation, working with experienced Social Security attorneys provides significant advantages. Complex regulations and multiple benefit options can make it challenging to determine the best strategy for your situation.

Professional assistance helps ensure you avoid common mistakes that could reduce your benefits or cause processing delays. Missing documentation, incorrect timing, or misunderstanding eligibility requirements can cost you thousands of dollars over your lifetime.

At The Keener Law Firm, we understand the intricacies of spousal benefit claims and work to maximize your total benefits. Our comprehensive approach examines all available options to develop a strategy tailored to your specific needs and goals.