The decision to change your marital status is never easy, but it becomes much more complicated when you are collecting Social Security benefits. Although love is the most important factor, the paperwork may or may not be in your favor.

Qualifying for Spouse s Benefits

There are certain benefits to getting married. You might qualify for spousal benefits if you have a small Social Security pension and your spouse has a larger one. As long as your husband is currently getting Social Security benefits, you may want to think about modifying your benefits if you have been married for at least a year. Regretfully, cashing a check requires more than just that. You have to:

• Be 62 or older
• Be any age if you are caring for a child under the age of 16 or who has a disability and is entitled to your spouse s benefits

Although it is crucial to consider, many people will not automatically receive benefits in 2025 as a result of these criteria.

What is the maximum benefit you are entitled to

Couples can claim benefits as early as age 62, and the maximum amount they can get is 50% of their spouse’s full retirement age (FRA) benefit, even if they delayed retirement to accrue more retirement credits. Make sure you’ve tried every other option before filing a claim because it’s an irreversible decision.

However, if you are caring for a dependent child with your spouse in some situations, you can be eligible for more money and earlier. These situations include:

• The child is younger than age 16.
• The child has a disability and is entitled to your spouse s benefits.

Deemed Filing, the exception to the rule

The Social Security Administration (SSA) states that if you file for your spouse’s or retirement benefit, you are also required to submit for the other benefit. This is known as “deemed filing.” []

In the past, they received a combination of benefits equal to the higher sum if their spouse benefits exceeded their individual retirement benefit. Although the fairness of the incentives to delay is protected by this legal change, you cannot obtain one type of benefit while also receiving a bonus for delaying another.

The SSA used to allow the lower-earning spouse to increase their benefit while receiving spousal benefits, and then they switched when their benefit hit the maximum and surpassed the spousal benefit.

This isn’t the case anymore. You will receive $1,000 per month plus $300 from your spouse’s benefit, for a total of $1,300, if you are eligible for $1,000 per month at full retirement age and would also be entitled to $1,300 from your spouse.

The Social Security Administration clarified that this clause has a catch: deemed filing only applies to retirement benefits, not survivor payments. You can begin your survivor benefit and retirement benefit independently if you are married.

Additionally, if you receive spousal benefits while still being qualified for disability benefits, or if you are receiving spousal benefits because you are taking care of the retired worker’s kid, deemed filing is not relevant.

Considerations for getting divorced when receiving Social Security

If an ex-spouse has been married for 10 years or more and is at least sixty-two years old, they are eligible for spousal benefits. If you know your ex’s current spouse’s benefits will be higher, you might want to consider claiming them as it won’t affect yours.

When you choose to get married again, you face a dilemma. You cannot keep this benefit once you marry someone else, and you have to reapply on your current spouse’s record a year later. You can get your former spouse’s benefits back if you get divorced again.

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