When planning for retirement, Social Security plays a big role in financial stability—and for same-sex couples, the ability to claim spousal benefits has been a significant win for equality and security.
Following the landmark Supreme Court decisions recognizing same-sex marriage, couples now have full access to the same Social Security benefits long available to opposite-sex spouses.
One of the most important options available is the spousal benefit, which allows a lower-earning spouse to receive a higher monthly benefit based on their partner’s work history. But how do you know whether to claim your own benefit or your spouse’s? Let’s break it down.
Understanding Spousal Benefits
The spousal benefit allows one spouse to receive up to 50% of the other spouse’s full retirement benefit (at Full Retirement Age, or FRA). This is especially helpful for couples where one partner earned significantly less or stayed home for caregiving and didn’t accumulate 40 credits on their own work record.
Example:
If Spouse A qualifies for $2,000/month in benefits at full retirement age, Spouse B could be eligible for up to $1,000/month as a spousal benefit—even if they only qualified for $700/month on their own. That’s an extra $300 every month.
Key Eligibility Rules
To claim spousal benefits, same-sex couples must meet the same criteria as any other married couple:
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Be legally married (the IRS and SSA recognize same-sex marriages performed in any jurisdiction where they are legal)
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The retired spouse must have filed for benefits
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The spouse claiming the spousal benefit must be at least 62 years old (but will receive reduced benefits if taken before full retirement age)
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The maximum 50% spousal benefit is only available if the claiming spouse waits until Full Retirement Age (FRA)
Choosing the Higher Benefit: Yours or Your Spouse’s
You can only receive one benefit at a time—either your own or your spousal benefit—not both. When you apply, the Social Security Administration will calculate both and automatically give you the higher amount.
But timing matters. Here’s how to approach the decision:
1. If You’re the Higher Earner
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You should consider delaying your own benefit until age 70, if possible, to maximize your payment through delayed retirement credits.
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This also increases the potential survivor benefit your spouse can receive if you pass away first.
2. If You’re the Lower Earner
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You’ll want to compare your personal benefit at different ages with the spousal benefit.
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If the spousal benefit is higher, consider waiting until your FRA to get the full 50% of your spouse’s benefit.
What Happens If Both Spouses Worked?
If both partners worked and qualify for their own benefits, the SSA will still calculate both and pay the higher one. If your personal benefit is less than 50% of your spouse’s, you’ll receive your own benefit first and then get a spousal top-up to bring your total monthly amount up to the spousal rate.
Example:
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Your own benefit: $800/month
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Spouse’s benefit: $2,000/month
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Spousal benefit (50%): $1,000/month
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You’d receive $800 from your own record + $200 from your spouse’s, for a total of $1,000/month.
When to File: Timing and Full Retirement Age (FRA)
| Birth Year | Full Retirement Age (FRA) |
|---|---|
| 1957 | 66 and 6 months |
| 1958 | 66 and 8 months |
| 1959 | 66 and 10 months |
| 1960 or later | 67 |
Filing before FRA results in a permanently reduced benefit, whether it’s your own or the spousal benefit. If you file at age 62, the spousal benefit could be reduced to 32.5% instead of 50%.
Survivor Benefits: An Important Consideration
If one spouse passes away, the surviving spouse may be eligible for 100% of the deceased spouse’s benefit—if that amount is higher than their own. This is a key reason why the higher earner may want to delay taking benefits, as it locks in a larger survivor benefit.
What If You Were Previously Married?
If you’re a divorced same-sex spouse, you may still be eligible for spousal benefits if:
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The marriage lasted 10 years or more
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You are currently unmarried
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You are 62 or older
The same spousal and survivor rules apply.
Final Thoughts
Thanks to marriage equality, same-sex couples can now fully access the financial protections of the Social Security spousal benefit system. Whether you’re nearing retirement or just starting to plan, knowing your options can make a significant difference in the income you receive.
By comparing your own benefit with your potential spousal benefit, timing your claims wisely, and understanding how survivor benefits work, you and your spouse can build a more secure retirement together.
If you’re unsure which option is best for you, consider speaking with a Social Security specialist or financial advisor who understands the unique planning needs of same-sex couples.
