Ask Larry

When Can I Apply For Spousal Benefits?

I have been married since 2003. Inb2016 he disappeared I honestly have no idea where he is or if he is alive. Right now due to a car accident and Dr mistake I am disabled and drawing SSD. He is 57 and my question I guess is what/when can I apply for spousal benefits. (I am 47) raising a 14yo and trying to do it all. I am so unsure of how this works and saw your post so I am hoping to get a little advice on what to do. Thank you for understanding this crazy situation. Nimmi

Hi Nimmi,

To qualify for spousal benefits your spouse would need to either be drawing Social Security disability or retirement benefits, and you'd either need to be at least age 62 or have a child in your care who is either under age 16 or disabled and who's eligible for benefits on your husband's account (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html). Also, you'd only be eligible for spousal benefits in addition to your own Social Security disability (SSDI) benefits if your husbands' primary insurance amount (PIA) is more than twice as much as your full SSDI benefit rate. A person's PIA is equal to their full SSDI rate or their Social Security retirement benefit rate if they start drawing at full retirement age (FRA).

If your husband dies before you you could potentially qualify for disabled widow's benefits as early as age 50, or for child in care survivor benefits even before then if you child is under age 16 or disabled and he or she qualifies for surviving child's benefits on your husband's record.

Your husband couldn't qualify for Social Security retirement benefits at least until he is age 62, but if you're out of touch with him you may want to check with Social Security periodically to see if he's drawing SSDI or has died.

Best, Jerry

Category: 
Posted: 
Nov 6 2019 - 10:20am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.