Changing your marital status is always a difficult decision, but when you are receiving Social Security payments, the situation becomes considerably more convoluted, and while love is paramount, the paperwork may or may not work in your favor.
Qualifying for Spouse’s Benefits
Getting married offers a few advantages. For those with a small Social Security pension, your spouse may have a larger one, and you may be eligible for spousal benefits. So, if you’ve been married for at least a year, you can consider changing your Social Security benefits as long as your spouse is already receiving payments. Unfortunately, that isn’t the sole need for cashing a check. You must:
- Be 62 or older
- Be any age if you are caring for a child under the age of 16 or who has a disability and is entitled to your spouse’s benefits
For many people these conditions will mean that they will not automatically get benefits in 2025, but it is something important to take into account.
What is the maximum benefit you are entitled to
For couples, the maximum amount of benefits you can receive is 50% of your spouse’s full retirement age (FRA) benefit, even if they postponed retirement to earn more retirement credits, and you can claim as early as age 62. If you decide to file a claim, it is permanent, so make sure you have exhausted all other choices before doing so.
However, some may qualify earlier and for more money, if you are caring for a dependent child with your spouse under certain circumstances, such as:
- The child is younger than age 16.
- The child has a disability and is entitled to your spouse’s benefits.
Deemed Filing, the exception to the rule
According to the Social Security Administration (SSA), “Deemed filing” indicates that when you file for either your retirement or your spouse’s benefit, you are also obligated or “deemed” to file for the other benefit. […]
Historically, if spousal benefits exceeded their individual retirement benefit, they got a combination of benefits equivalent to the greater amount. This adjustment in the law protects the fairness of the incentives to delay, but it means you can’t receive one form of benefit while also earning a bonus for postponing another.”
Previously, the SSA permitted the lower-earning spouse to let their benefit rise while receiving spousal benefits, and when their benefit reached the maximum and exceeded the spousal benefit, they switched.
This is no longer the case. Today, if you are qualified for $1,000 per month at full retirement age and would be entitled to $1,300 from your spouse, you will receive $1,000 per month, plus $300 from your spouse’s benefit, for a total of $1,300.
There is a caveat to this provision, as explained by the Social Security Administration: “Deemed filing pertains to retirement benefits, not survivor payments. If you are a spouse, you can start your survivor benefit separately from your retirement benefit.
Deemed filing is also not applicable if you get spouse’s benefits while also being eligible for disability benefits, or if you are receiving spousal benefits because you are caring for the retired worker’s child.”
Considerations for getting divorced when receiving Social Security
Ex-spouses are eligible for spousal payments if they have been married for at least ten years and are at least 62 years old. Claiming benefits will have no effect on your ex’s current spouse’s benefits, so consider claiming if you know theirs will be higher.
The dilemma arises when you decide to remarry. Once you marry someone else, you cannot keep this benefit and must reapply after a year on your existing spouse’s record. If you divorce again, you can return to the former spouse’s benefits.