Every marriage varies in how each spouse contributes to their lives together. In some, one spouse might work more than another, or one spouse might stay at home to take care of children or other household tasks. In 1939, the Social Security Administration recognized the need for these spouses to receive benefits as well. In order to make the most of these benefits, it’s important to know when a spouse can claim Illinois spousal benefits.
When your spouse worked, they paid Social Security taxes to prepare for retirement, and spousal benefits are an extension of that. If your earnings don’t qualify for retirement benefits, then you might be eligible to receive them through your spouse.
While spousal benefits began as a way to benefit housewives, the benefits have been extended to include husbands, ex-spouses, children, and same-sex couples as well, so it’s vital that you understand how they apply to you.
Nationwide, nearly 184 million workers contribute to Social Security every year, and 73 million people receive benefits. In Illinois, of the over 2 million people receiving benefits, sixty-one thousand of those were spouses. There are specific eligibility criteria for receiving Social Security benefits through your spouse.
The average Social Security income for people in Illinois is $23,429, where 29.1% receive benefits. To learn more or apply for Social Security benefits for you or your spouse, you can visit the Social Security Office on Houbolt Road in Joliet, Illinois.
A spouse can claim spousal benefits at retirement age and qualify for 50% of their spouse’s primary insurance amount or up to 100% when they have passed away. In order to claim spousal benefits, you must meet a few criteria:
If your spouse’s own benefit amount is higher than what they would receive through spousal benefits, they will not receive additional benefits based on your record.
If you are a widowed spouse, then the requirements are a little different for you. As long as you have been married for at least nine months and your spouse meets the work requirements of 10 years of paying into Social Security, then you could qualify.
You are likely to receive 100% survivor benefits, which are more than regular benefits. If your spouse died before retirement age but still worked for the required amount of time, then you might also qualify for spousal benefits. You can start receiving benefits before the age of 60, but the benefit amount might be less.
Disabled spouses can receive benefits at the age of 50, but it’s generally recommended to wait until age 60, if possible, in order to receive the full amount. You can also get remarried after the age of 60, and your benefits won’t be affected.
Surviving children are eligible for benefits as long as they:
A: Your spouse can begin collecting spousal benefits once you start collecting benefits and they have reached the age of 62. If they are caring for a child who is 16 years old or under or are caring for a disabled child, then they can begin claiming benefits before they are 62. If you’re divorced, then your ex-spouse can claim benefits before you, as long as the divorce occurred more than two years prior and you’re eligible to receive them.
A: Every United States citizen, or legal resident for five years, is eligible for Medicare benefits when they reach the age of 65 as long as they have worked for 10 years and have paid federal taxes. If your spouse didn’t work but you qualify according to the mentioned criteria, then they would be eligible for Premium Medicare when they turn 65.
A: In order to receive benefits in the state of Illinois, you must have been married for at least one year. Exceptions to this are if you have a “deemed marriage,” which means you either have a child together or you were already entitled to Social Security the month before you got married. If you are divorced, then you must have been married for at least ten years to qualify.
A: A divorced spouse can qualify for spousal benefits as long as the marriage lasts at least ten years. The divorced spouse must not be remarried and must be at least 62 years old, unless they are caring for a disabled child or a child under the age of 16. They must wait until you claim your benefits unless the divorce happened over two years ago.
Social Security benefits can help you maintain the lifestyle you’re accustomed to or just help pay the bills, so it’s important to understand how they work if you’d like to maximize this resource. Sarah M. Vahey has over 12 years of experience as a top-rated lawyer and is dedicated to helping you understand your benefits.
Whether you are planning your estate, have questions about the benefits your spouse can receive, or are divorced and are wondering about your options, contact our office today.
