One of the many vital retirement incomes for millions living in America is the social security income, which also includes benefits designed specifically for spouses. If your current status is married, divorced, or even widowed, it is essential to have a clear understanding of the requirements needed to be eligible for these social security benefits.
Keynote to know as a spouse
If you do not have the required social security credit to obtain benefits on your own with your working history, or you are only eligible for small benefits, you can get benefits as a spouse.
If your spouse is receiving benefits then you can get benefits based on their work records. Furthermore, if your spouse is not receiving retirement benefits or disability payments. You will have to wait to apply using your spouse’s work history.
For you to be entitled to your spouse’s benefits you must first have the following in check:
- You must be 62 years and above to qualify for these benefits.
- You are automatically entitled to these benefits if you have a child that is younger than 16 that you care for or a disabled child.
Marriage duration requirement
One of the major factors that is used in determining a spouse’s eligibility for a social security claim is the length of the marriage. Couples who are currently married but have been married for at least 12 months before they are eligible to apply for spouse benefits. This law ensures that a short-term marriage does not have the eligible rights to apply for benefits claim which also helps in safeguarding to integrity of the system.
Most importantly there is a slight adjustment for spouses that are divorced. A divorced spice is entitled to the spouse benefits based on your spouse’s working history if they have been married for 10 years and have been divorced for about 2 years.
Divorced spouse and spousal benefits
One key fact you should be aware of is that divorce does not disqualify you from obtaining spouse benefits. As mentioned in the previous heading, “If a divorced spouse was married for about 10 full years (120 months) you are eligible for these benefits based on your ex-spouse’s earnings”. This can only be applied to you if you remain unmarried after your divorce. If you are remarried, your eligibility for your spouse’s benefits will be closed.
Another interesting key fact a divorced spouse should know is that your former spouse’s benefits are not reduced based on your claims. You and your former spouse and receive your earnings and benefits without having any impact on the other benefits or account.
Will will happen after a spouse is remarried?
It is fair to say that a remarriage will have an impact on your entitled claim of social security benefits. Once you are remarried you will automatically lose the benefits rights to your ex-spouse benefits and you become entitled to your new spouse’s benefit based on the underlying fact that you meet all criteria for this process.
Furthermore, if your new marriage ends either via death, divorce, or an annulment then once again you will be entitled to your first spouse’s earning record. If you find this a little complicated then you should meet a consultant or a financial advisor to discuss your current situation.
Common law marriages and same-sex marriage
Social security also recognizes common law marriage in states where they are legal. If you reside in a state that supports common law marriages and you meet the requirements for social benefits then you will be entitled to spouse benefits. Common law marriage claims can be a little challenging to prove, you might to to show substantial evidence for this claim, this evidence could include a joint tax return or a shared financial account.
In the case of same-sex marriage, the Social Security Administration also recognized such marriages. If and only if the marriage is legal in the state where it took place or it is legal in the state where you reside, then they will be entitled to spouse benefits.
Simple steps to apply for Social Security spouse benefits
There are several steps you will need to complete when applying for Social Security benefits:
- Put together all your important documents which will include your marriage certificate, a proof of your US citizenship or you can provide a lawful residency and your security number. You will need the security number of your spouse and your proof of their benefits as well.
- You can go online and apply via the Social Security Administration’s official website, by using your phone or you can just go to their office. One fact you should note is that this process will take several months so it is critical for you to apply based on the time you want to be receiving these benefits.
