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Can My Spouse Collect My Social Security Benefits?

Yes, your spouse may be eligible to collect Social Security benefits based on your earnings record, even if they have never worked or have a limited work history.

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To qualify, your spouse must be at least 62 years old and you must have already filed for your own Social Security retirement benefits. The maximum spousal benefit is 50% of your Primary Insurance Amount, which is the benefit you would receive at your Full Retirement Age. If your spouse claims before their own FRA, the benefit is permanently reduced below 50%. If your spouse also has their own Social Security work record, the SSA pays their own earned benefit first and supplements it up to the spousal amount if the spousal benefit is higher. This is known as deemed filing. Divorced spouses may also be eligible to collect based on an ex-spouse’s record if the marriage lasted at least 10 years, the divorced spouse is currently unmarried and at least 62, and their own benefit would be less than the divorced spousal benefit. Collecting on an ex-spouse’s record has no impact on the ex-spouse’s own benefit or the benefit of any current spouse. The Social Security Fairness Act, signed into law on January 5, 2025, eliminated the Government Pension Offset, which had previously reduced spousal benefits for many government employees.

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