ABA Family Legal Guide

The Rights of Older Americans

Social Security and Supplemental Security Income

When are spouses of retirees entitled to collect benefits?

Depending on the situation, a husband or wife may collect benefits based on the other's work record. A husband or wife need not prove that he or she was dependent on the other. In general, spouses qualify if they are at least sixty-two years old. They also qualify if they are under sixty-two but are caring for a worker's child who is either under sixteen years old or who has been disabled since before age twenty-two. The amount the spouse receives is usually one-half of what would have been paid to the worker. If the spouse is entitled to benefits based on his or her own work record, the spouse will receive the higher of the two benefits.