Spouse's Social Security Benefit

[yuehan123]

I recently asked ssa.gov, on line, how long a spouse must be married to become eligible for a spouse's benefit if the husband was eligible and already drawing a benefit.

The answer, once converted, became a word.doc in size 10 font 3 pages long. Here's a summary.

"If one member of the couple earned low wages or failed to earn enough Social Security credits to be insured for benefits (i.e., 40 credits or 10 years of work in employment covered by Social Security), that member may be eligible to receive benefits as a spouse. The receipt of spouse’s benefits by a husband or wife does not reduce the benefit of the primary wage earner. Generally, a spouse must be married to the worker for one year (or nine months if a widow or widower) before he or she can get benefits on the primary wage earner’s record.
Your current spouse cannot receive spouse’s benefits until you file for retirement benefits.
If you don’t have a child in your care, you must be age 62 or older to get benefits when your spouse becomes disabled or retired. A spouse receives one-half of the retired worker’s full benefit unless the spouse begins collecting benefits before full retirement age (FRA). In that case, the amount of the spouse’s benefit is permanently reduced by a percentage based on the number of months before he/she reaches full retirement age."

By the way, it's my understanding that a spouse who is eligible for SS benefits also becomes eligible for Medicare. Without ever having worked.

[jim_julian]

That's my understanding also ... and current wife (aka the angel that makes my life worth living) gets these benefits despite the existence of an evil money grubbing ex-wife.

[tsap seui]

That's my understanding also ... and current wife (aka the angel that makes my life worth living) gets these benefits despite the existence of an evil money grubbing ex-wife.

 

I'm too young to understand SS bene's but old enough to understand that there is always two sides to every story.

 

My ex-wife's first husband died a few months back. His current wife (aged 58) can't collect on his SS but his/my ex-wife (aged 60) gets over a grand a month from his SS. I guess ya just gotta be old to collect, huh.

 

tsap seui

[Randy W]

 

By the way, it's my understanding that a spouse who is eligible for SS benefits also becomes eligible for Medicare. Without ever having worked.

 

 

In order to be covered by SS or Medicare, one must "earn enough Social Security credits to be insured for benefits (i.e., 40 credits or 10 years of work in employment covered by Social Security)". Any credits that her husband accrues during their marriage are accrued by her, also (to a maximum of 4 credits every year).

 

So after 10 years of marriage, as long as you've earned enough for 4 SS credits every year, you're off the hook for the I-864, and she is eligible for welfare/medicare, etc. Without ever having worked.

 

The survivor's benefits are another story that others have already commented on.

Edited May 10, 2008 by Randy W (see edit history)

[yuehan123]

Any credits that her husband accrues during their marriage are accrued by her, also (to a maximum of 4 credits every year).

 

So after 10 years of marriage, as long as you've earned enough for 4 SS credits every year, you're off the hook for the I-864, and she is eligible for welfare/medicare, etc. Without ever having worked.

If I understand correctly, the accrual does not need to take place during the marriage.

 

Nor does it require a ten year wait.

 

The 'new, and presumably, sweet little wife' need only be married to the old geezer, I mean, primary wage earner, for one year. That was the reason for the carefully worded question I submitted about spouses. Look carefully at the portion of reply that I chose to post: "Generally, a spouse must be married to the worker for one year (or nine months if a widow or widower) before he or she can get benefits on the primary wage earner¡¯s record. "

 

Granted, it says 'Generally.' Nor was I questioning the I-864. I am discussing spouses, NOT run-aways, not widows, not widowers and not divorced people. None of them are spouses and they all have their own circumstances and consequently, their own rules.

[Randy W]

Any credits that her husband accrues during their marriage are accrued by her, also (to a maximum of 4 credits every year).

 

So after 10 years of marriage, as long as you've earned enough for 4 SS credits every year, you're off the hook for the I-864, and she is eligible for welfare/medicare, etc. Without ever having worked.

If I understand correctly, the accrual does not need to take place during the marriage.

 

Nor does it require a ten year wait.

 

The 'new, and presumably, sweet little wife' need only be married to the old geezer, I mean, primary wage earner, for one year. That was the reason for the carefully worded question I submitted about spouses. Look carefully at the portion of reply that I chose to post: "Generally, a spouse must be married to the worker for one year (or nine months if a widow or widower) before he or she can get benefits on the primary wage earner¡¯s record. "

 

Granted, it says 'Generally.' Nor was I questioning the I-864. I am discussing spouses, NOT run-aways, not widows, not widowers and not divorced people. None of them are spouses and they all have their own circumstances and consequently, their own rules.

 

 

Two different subjects here - my comment was about the accrual of the spouse's own SS credits - yours was about the eligibility of the spouse for benefits on the primary wage earner¡¯s record.

 

If she's working, then yes she accrues SS credits whether she's married or not. If she's NOT working, she can still accrue credits if her husband is working.

 

The 10 year period affects whether she can draw benefits on her own and your liability under the I-864.

 

I that if you're still married, that the only way she can draw benefits on your account is if your are drawing benefits yourself.

[jim_julian]

Hmmm ... this is getting a bit convoluted ....

 

I'm turning 65 this year so I've been talking to the SSA as part of registering for Medicare. I asked about wives and ex-wives and my own benefits. Here's what I understand ...

 

Me. My retirement age is 66. When I hit 66 I can draw "full" social security retirement benefit and it is not reduced or subject to limitation even though I continue to work full time. Were I not to draw benefits at 66 they would increase on an actuarial basis until 70 when they are fixed. My back of the envelop tells me I should start drawing at 66.

 

Ex-wife. Never worked. Can draw benefits based on my working and paying for many years when she is age eligible under the same rules of reduced benefits for early retirement etc.

 

Wife. Since we have been married more than one year while I've been working and paying she can draw benefits when she is age eligible even if I die before she reaches that age.

 

Does anyone think I understand incorrectly??

[yuehan123]

...if the husband was eligible and already drawing a benefit...

Yes. To the point of the original question, which was oh, never mind.

The dude, see, he is already retired, he is already 65 and drawing a benefit. When, if ever, will his new wife (and they got married yesterday) become eligible on his record?

 

Not after ten years, or any years worked for him, he's not working. No years for her, she's also not working, doesn't plan to work, either. Wala- one year later she probably is eligible, and at age 62 could begin drawing benefits, no matter how many years that is, including Medicare. And, neither her, nor him worked a single day after marriage.

[Randy W]

Hmmm ... this is getting a bit convoluted ....

 

I'm turning 65 this year so I've been talking to the SSA as part of registering for Medicare. I asked about wives and ex-wives and my own benefits. Here's what I understand ...

 

Me. My retirement age is 66. When I hit 66 I can draw "full" social security retirement benefit and it is not reduced or subject to limitation even though I continue to work full time. Were I not to draw benefits at 66 they would increase on an actuarial basis until 70 when they are fixed. My back of the envelop tells me I should start drawing at 66.

 

Ex-wife. Never worked. Can draw benefits based on my working and paying for many years when she is age eligible under the same rules of reduced benefits for early retirement etc.

 

Wife. Since we have been married more than one year while I've been working and paying she can draw benefits when she is age eligible even if I die before she reaches that age.

 

Does anyone think I understand incorrectly??

 

Another subject here, but -

 

This seems to say that your ex would have to be eligible on her own (by having been married to you for 10 years - correct?) in order to draw benefits

SSI recipient and spouse who is ineligible for SSI

 

In the event that income from an ineligible spouse had been deemed (presumed available) to the SSI recipient, deeming for the purpose of establishing eligibility will cease as of the first month following the divorce (20 C.F.R. ¡ì 416.1163(f(2)).

 

The SSA will deem the income belonging to the ineligible spouse to determine SSI benefit amount for two months after the divorce (20 C.F.R. ¡ì 416.1163(f(2),(e)). A recipient¡¯s SSI benefit level, which had been reduced by deeming, will not be immediately affected in the month following the month of the actual divorce. For example, if Mr. and Mrs. Smith divorce in May, Mrs. Smith¡¯s SSI benefits payable in June will reflect the deemed income of Mr. Smith in April. The July SSI benefit will reflect Mr. Smith¡¯s deemed income in May. The August benefit will be the first check for which the deeming for the ineligible former spouse does not apply.

 

The SSA will request a copy of the decree as proof of the divorce (or annulment) but will also accept an explanation along with other evidence. 20 C.F.R. ¡ì 416. 1835((2).

 

How Divorce may effect your Public benefits

Edited May 11, 2008 by Randy W (see edit history)

[jim_julian]

Randy I think SSI is the benefit for people with limited income to assist them in paying for Medicare Part B. It's not the social security retirement benefit.

[Randy W]

Randy I think SSI is the benefit for people with limited income to assist them in paying for Medicare Part B. It's not the social security retirement benefit.

 

Oops -

 

But I believe a similar 10 year rule applies there as well

[yuehan123]

No, Jim you understand your situation correctly. Which was the point of this post, afterall.

 

...This seems to say that your ex would have to be eligible on her own (by having been married to you for 10 years - correct?) in order to draw benefits...

 

Well, recognizing that the original thread, about spouses and retired guys, has been partially hijacked, I give up. Yes, the SSA is clear on this matter regarding ex-spouses. At least as clear as mud.

 

Did I mention I was not talking about ex's, or deceased people in this post?

 

If your ex was married to you for 10 years, or more, they 'may' be eligible for benefits without reducing your benefits.

 

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...amp;p_topview=1

 

If you don't care to click on the link here is the whole thing. But, I recommend you explore that site.

 

"Can my ex-spouse get some of my Social Security benefits?"

 

"Question: I heard that even if you are divorced, your ex-spouse can get some of your Social Security benefits. Is this true?

Answer: If you are divorced (even if you have remarried), your ex-spouse may qualify for benefits on your record if you are 62 or older. In some situations, he or she may get benefits even if you're not receiving them yet. (If your spouse will also receive a pension based on work not covered by Social Security, such as government work, his or her Social Security benefit on your record may be affected.)

 

Take a look at the fact sheet, Government Pension Offset, for more information. To qualify on your record, your ex-spouse must:

 

Have been married to you for at least 10 years;

Be at least 62 years old;

Be unmarried; and

Not be eligible for an equal or higher benefit on his or her own Social Security record, or on someone else¡¯s Social Security record.

NOTE: The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive."