Ask Larry

Could My Future Wife Receive Spousal Benefits Once We're Married?

Larry, I just discovered your page and have a couple of questions.
1.My future wife, age 52, went on disability in 2016 after a lifetime of work and 4 back surgeries.
Once we are married, she draw spousal benefits once I retire at FRA at Age 66 without it affecting her disability?

2. She also has full custody of her two elementary age grandkids. Would her disability income be be added to mine to determine our maximum family benefit?

3. Would it be better for us to file for the kids benefits on her disability or file for the child benefit on mine since I will be FRA.

My FRA IS 2000 and her SSDI 1400. I am a teacher and could continue to work until I'm 70.

Hi,

Your wife couldn't receive spousal benefits from your record until she is at least age 62, and the only way she would qualify is if 50% of your full retirement age rate (PIA) is higher than her disability (SSDI) rate. Since it sounds like her SSDI rate is well over half of your full rate, it's unlikely she could ever be eligible for spousal benefits from your record for as long as you are still living.

Grandchildren can only qualify for benefits on the record of their grandparent or step-grandparent if either a) the grandparent or step-grandparent adopts them, or b) both of the child's parents die or become disabled before the grandparent or step-grandparent starts drawing Social Security benefits (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200306235).

If your future wife's grandchildren could qualify for benefits on both of your records, then they would likely want to draw from your record since your benefit rate is higher. But, they would probably also want to file for technical entitlement on your future wife's record so that her family maximum benefit rate could be combined with yours in order to free up more benefits to be paid to the children.

Best, Jerry

Category: 
Posted: 
Mar 5 2018 - 2:40pm
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