Spousal benefits let your spouse or ex-spouse claim on your SSDI record, even if they have never worked enough to earn their own disability or retirement benefits

If you receive Social Security Disability Insurance (SSDI), your spouse can claim a benefit based on your earnings record once you have been receiving SSDI for at least 24 months. Your spouse does not need to be disabled themselves. The benefit is a percentage of what you receive — typically 32.5 percent of your primary insurance amount, though the exact amount depends on your spouse's age and whether other family members are also collecting on your record.

An ex-spouse can also claim on your SSDI record if the marriage lasted at least 10 years, you are at least 62 years old (or your ex-spouse is at least 62), and you have been divorced for at least two years. The ex-spouse does not need your permission. Your own SSDI payment does not change when a spouse or ex-spouse claims on your record.

Key Takeaways

  • Your spouse can claim a spousal benefit on your SSDI record after you have been receiving SSDI for 24 months, without being disabled themselves.
  • A current spouse of any age can claim if they are caring for your child under age 16, but otherwise must wait until age 62 to claim a spousal benefit.
  • An ex-spouse can claim on your record if you were married at least 10 years, you are both at least 62, and you have been divorced for at least two years.
  • Spousal benefits are reduced if claimed before your spouse reaches full retirement age, and the total amount all family members can receive is capped at 150 to 180 percent of your benefit.
  • Your spouse will need to contact Social Security directly and provide proof of marriage, identity, and citizenship or lawful residency status.

When a current spouse can claim a spousal benefit

Your spouse has two paths to claim on your SSDI record. The first requires no age limit: if your spouse is caring for your child who is under age 16 and that child is also receiving benefits on your record, your spouse can claim a caregiver benefit at any age. This benefit ends when the youngest child turns 16, though your spouse may later claim a regular spousal benefit once they reach age 62.

The second path is the standard spousal benefit, which requires your spouse to be at least age 62. Your spouse can claim this benefit once you have been on SSDI for 24 months. There is no upper age limit — your spouse can claim at 62, 70, or any age in between or after, though the benefit amount is reduced if they claim before their full retirement age (which is 66 or 67 depending on their birth year).

Your spouse does not need to have worked, and they do not need to be a U.S. citizen, though they must be a lawful permanent resident or meet other residency rules. Social Security will verify this when your spouse applies.

How much a spouse receives and the family maximum

A spouse who claims at their full retirement age receives 32.5 percent of your primary insurance amount — the amount Social Security calculated when you were approved for SSDI. If your SSDI benefit is $1,200 per month, a spouse claiming at full retirement age would receive about $390 per month.

If your spouse claims before reaching full retirement age, the benefit is reduced. The reduction is roughly 0.35 percent for each month before full retirement age, so claiming at 62 instead of 67 results in a reduction of about 32.5 percent. A spouse claiming at 62 would receive roughly 265 dollars in the example above.

However, all benefits paid to your family members combined cannot exceed 150 to 180 percent of your primary insurance amount. This is called the family maximum. If your children are also receiving benefits on your record, your spouse's benefit may be reduced so the total stays within the cap. Social Security calculates this when your spouse applies and will explain how much they will actually receive.

Ex-spouse benefits and the 10-year marriage rule

An ex-spouse can claim on your SSDI record without your knowledge or permission, as long as four conditions are met: you were married for at least 10 years, you are at least 62 years old, your ex-spouse is at least 62 years old, and you have been divorced for at least two years. If you are currently receiving SSDI, the two-year waiting period is waived — your ex-spouse can claim when ready once they reach 62.

The benefit amount is the same as for a current spouse: 32.5 percent of your primary insurance amount at full retirement age, reduced if claimed earlier. Your ex-spouse's benefit does not affect your own SSDI payment, and you do not need to report the claim or take any action.

If you have been divorced more than once, each ex-spouse who meets the requirements can claim on your record separately. Their benefits do not reduce each other's, though they are all subject to the family maximum along with any current spouse and children claiming on your record.

How to report a spouse or ex-spouse for benefits

Your spouse or ex-spouse must contact Social Security directly to claim. They can call 1-800-772-1213, visit a local Social Security office, or explore online at ssa.gov. Social Security will ask for proof of identity (a driver's license, passport, or state ID), proof of the marriage (a marriage certificate), and proof of citizenship or lawful residency (a birth certificate, naturalization papers, or green card). If claiming as an ex-spouse, they will also need the divorce decree.

Social Security will verify that you have been receiving SSDI for 24 months (if a current spouse) or that the other conditions are met (if an ex-spouse). The process usually takes two to four weeks to process. Your spouse or ex-spouse will receive a notice showing the benefit amount and the start date.

You do not need to do anything on your end. Your SSDI payment continues unchanged. If your spouse or ex-spouse has questions about their benefit, they should contact Social Security, not your local office.

How spousal benefits interact with work and other income

If your spouse is under full retirement age and earns income from work, their spousal benefit may be reduced. Social Security applies an earnings test: for every two dollars your spouse earns above $23,400 per year (in 2024; this amount changes yearly), one dollar of their benefit is withheld. Once your spouse reaches full retirement age, there is no earnings limit and the full benefit resumes.

Your spouse's spousal benefit does not count as income for purposes of Supplemental Security Income (SSI), Medicaid, or other means-tested programs, though it does count for tax purposes if your spouse has other income. Your spouse should report the benefit to any program they receive to make sure their case is updated correctly.

If your spouse receives their own retirement or disability benefit from Social Security, they cannot also receive a spousal benefit. Instead, Social Security pays whichever is higher. This is called the deemed filing rule, and it applies to anyone born after January 2, 1954.

What happens to spousal benefits if you die or your SSDI ends

If you die while receiving SSDI, your spouse can claim a survivor benefit instead of a spousal benefit. A widow or widower at full retirement age receives 100 percent of what you were receiving; at 60, they receive 71.5 percent. A spouse caring for your child under 16 receives 75 percent at any age. These are different from spousal benefits and are usually higher.

If your SSDI ends because you return to work and your trial work period and extended may be able to access period expire, your spouse's spousal benefit also ends. If your SSDI ends for another reason — such as a medical improvement — your spouse's benefit ends as well. Social Security will notify your spouse in writing when this happens.

Frequently Asked Questions

Can my spouse claim spousal benefits if they are younger than 62 and not caring for our child?

No. A spouse under 62 can only claim if they are caring for your child under age 16. Otherwise, they must wait until age 62. There is no exception for spouses who have never worked or who have low income.

Does my spouse's spousal benefit reduce my own SSDI payment?

No. Your SSDI payment stays the same. However, if your spouse and children are all claiming on your record, the total family benefit is capped at 150 to 180 percent of your primary insurance amount, so individual family members' benefits may be reduced to stay within that cap.

Can an ex-spouse claim if we were married for 9 years and 11 months?

No. The rule is exactly 10 years of marriage. Social Security counts from the marriage certificate date to the divorce decree date. If you were married 9 years and 11 months, your ex-spouse cannot claim on your record, even if you were together longer before marrying.

What if my spouse is not a U.S. citizen?

Your spouse can still claim if they are a lawful permanent resident (green card holder) or meet other residency requirements. Social Security will verify their status when they explore. Some non-citizens who do not meet these rules may still be able to claim under special agreements with certain countries.

If my spouse claims spousal benefits, can they also receive their own retirement benefit?

No. Social Security pays whichever benefit is higher — your spouse's own retirement benefit or the spousal benefit — but not both. If your spouse has worked and earned their own benefit, Social Security will compare the two amounts and pay the larger one.