You're married, widowed or divorced, and your own earnings record is not the only door into Social Security. A spouse's, a late spouse's or an ex-spouse's record can pay you more than your own — and these are the benefits most often left unclaimed, because Social Security pays them only if you apply.
The spousal benefit: up to 50% of your spouse's PIA
If you're married, you can receive a spousal benefit of up to 50% of your spouse's primary insurance amount (PIA) — their benefit at full retirement age — once your spouse has filed for their own benefit and you're at least 62.
| Spousal benefit rule | What it means |
|---|---|
| Maximum | 50% of your spouse's PIA, if you claim at your full retirement age (67 if born in 1960 or later) |
| Claimed early | Reduced 8.33% for each of the first 3 years early and 5% for each of the next 2 — 35% less at 62 when your FRA is 67 |
| Claimed late | No increase — delayed retirement credits don't apply to spousal benefits |
| Your own record | You get the higher of the two, not both: your own benefit plus a top-up to the spousal level |
| Deemed filing | Born January 2, 1954 or later? Filing for either benefit files you for both |
The "higher of the two" rule is the one that confuses couples. Your own benefit is paid first; if 50% of your spouse's PIA is bigger, Social Security adds the difference. A spouse with a $700 benefit of her own and a partner with a $2,000 PIA receives $700 + $300 = $1,000 at her full retirement age — not $1,700.
The survivor benefit: up to 100%
When your spouse dies, you can receive a survivor benefit of 100% of what your spouse was receiving if you claim at your full retirement age, and between 71.5% and 99% if you claim from age 60 (50 if you're disabled). Again you receive the higher of your own benefit or the survivor benefit, not both.
Your spouse's claiming decision sets the ceiling. If your spouse waited to 70 and earned delayed retirement credits, you inherit the larger check. If your spouse claimed early, your survivor benefit is limited to the larger of what your spouse was getting or 82.5% of their PIA. That is why When to claim is a two-person decision for the higher earner in a couple.
| Benefit | Based on | Ceiling |
|---|---|---|
| Spousal (both alive) | Your spouse's PIA | 50% at your FRA; 35% less at 62 |
| Survivor (after a death) | What your spouse received, including delayed credits | 100% at your FRA; 71.5% at 60 |
Remarriage matters. Remarry before 60 (50 if disabled) and you can't collect survivor benefits on your late spouse's record while that marriage lasts; remarry at 60 or later and the remarriage doesn't affect them — you can then compare them with a benefit on your new spouse's record and take the higher.
The divorced-spouse benefit: the 10-year rule
If you were married for at least 10 years, are now unmarried and are 62 or older, you can claim on your ex-spouse's record — up to 50% of their PIA at your full retirement age — even if your ex has remarried. If your ex hasn't filed yet but is 62 or older and qualifies, you can still claim once you've been divorced for two years. You apply yourself (Form SSA-2), and your claim has no effect on your ex's benefit or on their current spouse's.
| Divorced-spouse rule | Detail |
|---|---|
| Marriage length | At least 10 years |
| Your status | Currently unmarried |
| Age | 62 or older (reduced before your FRA, like the spousal benefit) |
| Your ex hasn't filed | You can still claim once divorced for 2 years, if your ex is 62 or older |
| Effect on your ex | None |
If your ex-spouse has died, survivor rules apply on their record instead: the same 10-year marriage requirement, up to 100% at your FRA, and remarriage at 60 or later doesn't affect it.
Government pensions no longer cut these benefits
Until 2025 the Government Pension Offset reduced — often to zero — the spousal and survivor benefits of anyone with a pension from work not covered by Social Security: many teachers, firefighters and state employees. The Social Security Fairness Act, signed January 5, 2025, repealed it (and the Windfall Elimination Provision) for benefits payable January 2024 onward, and retroactive payments went out during 2025. If you were told years ago that a government pension made you ineligible, apply now.