Skip to content

Can I get spousal benefits if my spouse is on disability? The guide to eligibility and application

According to the Social Security Administration (SSA), a spouse of a worker receiving Social Security Disability Insurance (SSDI) can also be eligible for monthly benefits. Navigating the requirements to answer, "Can I get spousal benefits if my spouse is on disability?" can be complex, but understanding the rules can provide essential financial support for your family.

Quick Summary

A spouse can qualify for Social Security Disability Insurance (SSDI) spousal benefits if the recipient spouse is already collecting SSDI. Eligibility depends on age or caring for a qualifying child. The benefit amount can be up to half of the disabled worker's benefit, subject to early retirement reductions and a family maximum.

Key Points

  • Spousal Eligibility: You can receive spousal benefits if your spouse collects Social Security Disability Insurance (SSDI), not Supplemental Security Income (SSI).

  • Age and Child Care Criteria: You qualify if you are 62 or older, or if you care for a child under 16 or a disabled child receiving benefits on your spouse's record.

  • Up to 50% of Your Spouse's Benefit: The maximum spousal benefit is 50% of your spouse's full disability amount, but it is permanently reduced if you claim early.

  • Dual Entitlement Rule: If you have your own Social Security benefit, the SSA pays the higher of the two amounts; you cannot receive both in full.

  • Family Maximum Benefit Cap: The total amount paid to a family is capped, which may reduce individual benefits if the limit is exceeded.

  • Divorced Spouse Benefits: Eligibility extends to divorced spouses who meet specific conditions, such as a marriage lasting at least 10 years.

  • Application Process: Apply online, by phone, or in person at a local SSA office, and gather documents such as birth and marriage certificates beforehand.

In This Article

The short answer to whether you can get spousal benefits if your spouse is on disability is yes, but it depends on meeting specific Social Security Administration (SSA) criteria. These benefits are designed to provide financial stability to families when one member is unable to work due to a disabling condition. The specific type of disability benefits your spouse receives, whether it's Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), is an important distinction. Spousal benefits are only available if your spouse receives SSDI.

Eligibility requirements for spousal benefits

To receive benefits on your spouse's SSDI record, you must meet certain conditions: You must be at least 62 years old, or caring for a child under age 16 or who became disabled before age 22 and is entitled to benefits on your spouse's record. You must also have been married to the SSDI recipient for at least one year. Claiming benefits before your full retirement age (FRA) will result in a permanent reduction in your monthly benefit.

Understanding the benefit amount

Your potential spousal benefit can be up to 50% of your spouse's monthly SSDI amount. This amount can be affected by your age when you claim benefits (claiming early reduces the amount) and whether you are also entitled to a Social Security benefit based on your own work record. If you have your own benefit, the SSA will pay you the higher of the two amounts, not both in full. Additionally, there is a family maximum benefit, which caps the total amount payable to a family on one worker's record, potentially reducing individual benefits if the total exceeds 150% to 180% of the disabled worker's benefit.

Spousal Benefits for Divorced Individuals

Even if you are divorced, you may still be eligible for benefits based on your ex-spouse's SSDI record. Eligibility requires that the marriage lasted at least 10 years, you are at least 62 years old and currently unmarried, and your ex-spouse is entitled to SSDI benefits. If your divorce was final for at least two years, you may be able to receive benefits even if your ex-spouse has not yet filed for their own benefits.

Comparison of Spousal and Individual Benefits

Feature Spousal Benefit (Based on Spouse's Record) Individual Benefit (Based on Own Record)
Eligibility Source Based on the working record and contributions of your spouse, who is receiving SSDI. Based on your own history of earnings and contributions to Social Security.
Maximum Amount Up to 50% of your spouse's full disability benefit at your full retirement age. Amount is based on your own Primary Insurance Amount (PIA), which is derived from your highest 35 years of earnings.
Benefit Comparison You receive the higher of your own benefit or the spousal benefit. You cannot collect both in full. Your benefit is paid first. If the spousal benefit is higher, the SSA will pay the difference.
Early Claim Reduction Reduced if claimed before your full retirement age, unless you are caring for a qualifying child. Reduced if claimed before your full retirement age.
Application Must apply for both if you are eligible for both benefits based on your own earnings. Applied for based on your own eligibility.

How to apply for spousal benefits

To apply for spousal benefits, you can do so online, by phone, or in person. It is important to gather necessary documents beforehand, such as birth certificates, marriage certificate, Social Security numbers, and bank account details. You can call the SSA at 1-800-772-1213 (TTY 1-800-325-0778) or visit a local office if your spouse is already approved for SSDI. If you are within three months of turning 62, you can start the application online using Form SSA-2.

Conclusion

If your spouse is receiving disability benefits, securing spousal benefits can offer vital financial support. Understanding the eligibility rules based on age, marital status, and caring for a qualifying child is essential. Remember to consider how claiming benefits early or having your own work record can impact the benefit amount. Specific rules also exist for divorced spouses. By preparing the required documents and applying through the Social Security Administration, you can help ensure your family receives the benefits they are entitled to.

Learn more about filing for spousal benefits and other retirement planning resources from the National Council on Aging at NCOA.org.

Frequently Asked Questions

Yes, if your husband is receiving SSDI, you can potentially receive spousal benefits. To be eligible, you must be either at least 62 years old or caring for a qualifying child (under age 16 or disabled before age 22).

You can receive a spousal benefit of up to 50% of your spouse's Primary Insurance Amount (PIA), which is the full disability benefit amount. This amount will be permanently reduced if you start claiming before your full retirement age.

Yes, if you are entitled to a Social Security benefit based on your own work record, the Social Security Administration (SSA) will pay you the higher of the two amounts, not both. This is known as "dual entitlement".

Yes, you can be eligible for spousal benefits at any age if you are caring for your spouse's child who is under 16 or who became disabled before age 22. These benefits are not reduced for early retirement.

No, your spouse's disability benefit will not be reduced if you start receiving spousal benefits. Your benefits are paid separately, though the total family benefit may be subject to a maximum limit.

Yes, you may qualify if you were married for at least 10 years, are currently unmarried, are 62 or older, and your ex-spouse is entitled to SSDI. Your benefit won't affect your ex-spouse's benefit.

You can apply online, by calling the SSA at 1-800-772-1213, or by visiting a local Social Security office. It is helpful to gather necessary documents like birth and marriage certificates beforehand to streamline the process.

References

  1. 1
  2. 2
  3. 3
  4. 4
  5. 5

Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.