How Long Do You Have to be Married to Get Half of the Retirement

At one point in your life, you will settle down with your partner and get married. The idea of tying the knot however is not just all fairytale. You have to think of your financial goals and plans in the future.

But the reality is that you never know what is going to happen in the future. That is why it is essential that you know your rights as a spouse. How long do you have to be married to get half of the retirement? It depends.

It usually takes 1 to 10 years, depending on your marital situation. We are going to discuss this in detail, so keep reading below!

How Long Do You Have to be Married to Get Half of the Retirement – If you’re a spouse

You need to be married at least 1 year and your spouse should be at least 62 years old. In addition, Your spouse should already be getting retirement benefits from social security.

Under the social security system, spouse benefits are offered to people who are previously married or if you are married. This can be availed if one spouse is working and contributes to the payroll system. Certain benefits are given even to the non-working spouse.

How Long Do You Have to be Married to Get Half of the Retirement – If you are divorced

The marriage should be at least 10 years and that you are at least 62 years old. Additionally, you did not remarry.

What if you remarried? In this case, you are more likely not to be eligible to get your ex-spouse’ benefit. 

How long do you have to be married to collect spousal social security?

If your spouse is claiming retirement benefits, you need to be at least married for a year in order to collect spousal social security.

However, if you are collecting benefits from your ex-spouse, you have to be married at least 10 years in order to get the benefits. 

What is a Social Security Spousal Benefit?

Simply put, Social Security spousal benefits are considered to be partial or disability benefits that are granted to the spouses or taxpayers. 

Furthermore, it is calculated from you and your spouse’s retirement age, together with the income earned during both of your working life.

The main factors to consider the length of the marriage as well as both of your Primary Insurance Amounts.

Can I collect my spouse’s social security?

You can collect your spouse’s benefits as long as you meet the following requirements:

● If you are married for at least a year, you can apply for a claim of benefits.

● In case of the divorce that took place within 2 years at the time of claim, you can still apply as long as the marriage lasted for 10 years.

For ex-spouses, there is a different set of rules. You can still get Social Security benefits even if you are already divorced but you need to check if you are eligible to file a claim. The benefit that you will be getting based on your work history is not more than your ex-spouse’s benefit. 

How much can I expect to get on my spouse’s social security?

You can receive as much as 50% of the benefits that your spouse can get at full retirement age. This only means that your spouse is at least 66.

For example, your spouse is receiving $2,000 in a month. Therefore, the spousal benefit that you can get is $1,000.

Unlike personal benefits, spousal benefits are different. There are no benefits if you decide to delay your spousal benefit claim. With personal benefits, if you delay your claim, the benefit actually increases. 

Early Social Security Spousal Payments

If you file for your spousal benefit before the full retirement age, the amount that you will get is lower. According to most financial planners, filing early can actually reduce the income.

For example,  if your full retirement age is 66 and at 62, you have decided to file for your Social Security spousal claim, instead of 50%  you may end up getting around 35%. 

How long do you have to be married to get half of 401k?

For 401(k), the length of a marriage doesn’t determine how it will be divided.

But how will you know if your spouse has a 401k? If you look at the earning statement of your spouse, the amount contributed to retirement savings plans should appear there. 

Regardless of the marriage duration, your spouse can decide how to split the 401(k). It now depends on how the couple would want to split up the assets in the event of a divorce. In some cases, you get to have all of your 401k and your spouse gets the other marital properties.

On the other hand, it can also be a 50-50 split either way; this option does not depend on the length of the marriage. In the end, couples have to decide and negotiate to reach an amicable settlement. 

Other benefits besides Social Security

In cases where you have never contributed to Social Security payments, the only source of income is by claiming your spousal benefits. What about the availability of other benefits? There are cases where you can still get payments from the government or from a foreign employer that is not covered by your Social Security. The benefits that you get may be reduced but at least you will not be relying on just a single source of retirement income. 

Things to consider when collecting retirement benefits of your spouse:

● The amount that you get is based on the primary insurance account of your spouse.

● If you’re claiming for spouse’s retirement benefits, the benefit that you get does not depend on the time/age.

● As for survivor benefits, you can get more benefits if your late spouse increases his/her Social Security payment if the person files past the full retirement age. 

● If you are under FTA or full retirement age and still working, the spousal benefits may be less.

Final Word

You have to be married for at least one year in order to get half of the retirement; On the other hand, if you are divorced, you need to be married for at least 10 years.

It is your legal right to know and to file a spousal benefit claim. The good news is that if you also have a working history then you can definitely get your benefits as well whichever is higher. How good is that?

The bottom line is in order for you to get the maximum amount it is better to delay your claim than to file early. 

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