If you have a long-term disability and are entitled to Social Security Disability benefits, your spouse may be entitled to collect a monthly spouse’s benefit. At this point, you may be wondering, “what is the spousal Social Security disability benefit?”
Spouses who have been married for at least a year, divorced spouses who were married for at least 10 years, and surviving spouses can qualify for the Spousal Social Security Disability Benefit based on the earnings record of the disabled spouse (or ex-spouse).
As with many regulations, there are exceptions and special circumstances. We break the policies down in detail below but feel free to contact our experts for quick answers to all of your Social Security Disability questions.
Family Situations Involved in Spousal Social Security Disability
Consider this breakdown of unique family situations to see if you may qualify for the Spousal Social Security Disability benefit.
Spouses Benefits
If you have been married for at least a year to someone who is receiving Social Security Disability benefits, you can receive Social Security benefits if your spouse is 62 years old or older. However, if you become eligible to receive significantly higher Social Security benefits, you will no longer be eligible to receive the Spousal Social Security Disability Benefit.
Also, if your spouse is receiving benefits at age 62, the spouse who collects spousal benefits before full retirement age will be hit with an early retirement penalty.
Spouse’s Survivors Benefits
If a spouse was married for at least a year to a disabled worked who died while receiving Social Security Disability benefits, the surviving spouse can receive benefits in either of the following circumstances:
- The surviving spouse is 60 years or older.
- The surviving spouse is disabled and between 50 and 60.
This is sometimes referred to as the widow or widower’s benefit. Just like the spouse’s benefit we described earlier, if the surviving spouse becomes eligible to receive significantly higher Social Security benefits, they will no longer be eligible to receive spouse’s survivor benefits.
Also, if the surviving spouse remarries before age 60 — or age 50 if disabled — Social Security benefits will be denied.
Divorced Spouse’s Retirement Benefit
If the divorced spouse is 62 years old or older and they were married for at least ten years to a disabled worker who is collecting Social Security benefits, they would qualify for benefits.
Divorced Spouse’s Survivor’s Benefit
If a disabled worker dies and was receiving Social Security benefits at the time of death, a divorced spouse is entitled to benefits in either of the following circumstances:
- The surviving divorced spouse is 60 years old or older.
- The surviving divorced spouse is disabled and between 50 and 60.
Just like the spouse’s surviving benefit, if the surviving divorced spouse remarries before age 60, the benefits will be denied — unless the spouse was between 50 and 60 AND disabled at the time of the marriage.
Spousal Disability Benefits
If the disabled worker is still living, a spouse will generally received 50 percent of the disabled worker’s primary amount. However, if the disabled worker’s children are collecting benefits at the same time, the spouse’s benefit can be reduced.
The total of the spouses benefit and the children’s benefit cannot be greater than the maximum family benefit, which is generally 150 percent of the worker’s monthly Social Security Disability benefits.
The amount that a surviving spouse or surviving divorced spouse can receive depends on the age of the spouse and if they are taking care of the deceased worker’s children. The amount varies between 75 and 100 percent of the deceased worker’s monthly amount.
If a disabled worker dies while receiving Social Security benefits, the surviving spouse will receive a death benefit worth several hundred dollars if the surviving spouse was living in the same household.
Let Us Help With Spousal Social Security Disability Benefits
If you or your spouse need assistance applying for Social Security benefits, contact us today! We can guide you on how to apply for benefits and answer any questions you may have about Spousal Social Security benefits. Every case is different with unique circumstances and family dynamics, so contact us today to discuss your options!