How Long Do You Have to Be Married to Get Social Security if Your Spouse Is 66 and Retired?

by Tom Streissguth

    Social Security offers spouse benefits if you're married, or formerly married, to a beneficiary. This means if only one spouse works, earns money and pays payroll taxes into the system, the non-working spouse can draw benefits as well, with some conditions. The actual length of the marriage is an important consideration for spouse benefits.

    Beneficiary Age

    Spouse benefits don't depend on the age of your spouse, or even whether they are working or not. If they are old or disabled enough to draw benefits, then you may qualify, depending on your own age and the length of the marriage. The minimum age for Social Security retirement is 62; you can apply for disability benefits at 18 or older. Taking Social Security retirement before your "full retirement age," however, means your benefit is permanently reduced. Full retirement age varies from 65 to 67, depending on the year of your birth.

    Spouse Age

    For spouse benefits, you must be at least 62 years of age. The benefit you receive as a spouse is limited to one-half the benefit amount for the "worker of record," meaning someone who is eligible for the retirement on her own earnings. Social Security makes an exception if you are caring for a child under 18 who is also receiving benefits, or caring for a disabled child of any age. In this case, you can draw spouse benefits no matter how old you are, with an important condition on the length of the marriage.

    Marriage Length

    To draw spouse benefits, your marriage must have lasted at least 10 years. When you apply, you must present a certified record of the marriage to Social Security. The length-of-marriage requirement also applies to divorced individuals applying for benefits as an ex-spouse (who lose their eligibility if they remarry).

    Delayed Retirement

    If your spouse has reached her full retirement age, but not yet begun to collect benefits, then a useful option presents itself. She can apply for benefits and then have them suspended, while you plow ahead with a spouse application. Her eligibility means you can collect; in the meantime, delaying the benefits will increase the monthly amount she eventually will receive. This raises her Social Security benefit until she gets to age 70 -- at which point a Social Security retirement check only increases with the annual cost of living adjustment. If you go for the delayed retirement, the same rules apply: you must be 62 and the marriage must have lasted at least 10 years.

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    About the Author

    Tom Streissguth has worked for over 15 years in the legal field as a writer and legal assistant, and has authored numerous articles on Social Security disability law. He has many nonfiction and reference titles in print, including works for The Gale Group and Lerner. He holds a Bachelor of Arts from Yale University.

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