Spousal Social Security Benefit Regulations

The Social Security Act protects both workers and their families from hardship---and this includes wives, husbands, children and ex-spouses. Spouses may receive a benefit that equals the amount of their working spouse's benefit, as long as the worker meets requirements specific to the benefit the couple is applying for.

Types

• Social Security is made up of four federal programs: Retirement, Medicare, Survivor's benefits and Disability. At age 62, you and your spouse may begin to receive retirement benefits, but many couples wait until full retirement age in order to receive their maximum monthly benefit. Survivor's insurance is available to widows, widowers and dependent children who don't qualify for their own Social Security benefits. Disability is reserved for people of all ages with severe medical conditions or low-income jobs.

Eligibility

• You, the worker, must have worked a certain amount of time while paying Social Security taxes in order for your spouse to draw on Social Security. For example, retirement benefits require that you work at least ten years while paying taxes. An ex-spouse may also receive benefits on your record if she is 62 or older and was married to you for ten years.

Exceptions

• You may not need to have worked as many years as you think in order for your spouse to qualify for certain benefits. For example, if you are 28 and you become disabled, your spouse may receive benefits on your record after your having worked only 1.5 years. Also, a spouse or ex-spouse may qualify for benefits if she cares for your child (natural or adopted), as long as that child is under 16 or disabled.

Statistics

• An overwhelming majority of female spouses receive spousal benefits. For example, as of October 2010, 98 percent of spousal retirement benefits go to wives and ex-wives. Along the same lines, four million widows received survivor's benefits in October, while only 65,000 widowers received benefits. Regarding disability beneficiaries, 6,600 were male and 154,000 were female.

Applying

• You can apply online for retirement, disability, and Medicare benefits. To apply for survivor's benefits, or to apply for any of the benefits in person, call 800-772-1213 to make an appointment. You may also call your local Social Security office directly to set up an appointment. You can help your spouse apply online if she needs assistance, but she will need to electronically sign the document herself.