Denied Social Security Spousal Benefits: Social Security spousal benefits can provide essential financial support for individuals who are married, divorced, or widowed. But not everyone who applies qualifies. In fact, the Social Security Administration (SSA) outlines specific eligibility criteria that must be met, and failure to meet even one requirement can lead to denial.
In this article, we’ll explore the most common reasons for spousal benefit denials, how to avoid them, and provide clear, actionable guidance for a smoother application process. Whether you’re currently married, divorced, or nearing retirement, understanding these rules can save you time, stress, and missed payments.
Denied Social Security Spousal Benefits
| Criteria / Issue | Details |
|---|---|
| Minimum Age Requirement | Must be 62 or older to claim spousal benefits |
| Marital Duration | Married for at least 1 year, or 10 years if divorced |
| Spouse’s Benefit Status | Your spouse must be receiving retirement or disability benefits |
| Remarriage Rule | Remarrying may disqualify you unless the later marriage ends |
| Full Retirement Age (FRA) | Claiming before FRA leads to reduced benefits |
| Government Pension Offset (GPO) | May reduce/eliminate benefits if you receive a non-Social Security-covered pension |
| Claiming Strategies Changed (Post-2015 Law) | File-and-suspend/restricted applications no longer allowed if born after Jan 1, 1954 |
| Where to Apply | SSA Official Website |
Spousal benefits are a powerful tool in retirement planning, especially for those who haven’t worked or earned much income. By understanding the common reasons for denial and following the advice above, you can greatly improve your chances of receiving the benefits you’re entitled to.
1. Not Meeting Age or Marital Duration Requirements
Current Spouses
To be eligible, you must:
- Be at least 62 years old
- Be married for at least one year before applying
Divorced Spouses
You can qualify if:
- You were married at least 10 years
- You are currently unmarried
- Your ex-spouse is at least 62 and eligible for benefits
2. Spouse Not Receiving Benefits
You cannot receive spousal benefits unless your spouse is already receiving Social Security retirement or disability benefits.
3. Claiming Benefits Early
Claiming spousal benefits before your Full Retirement Age (FRA) will result in permanently reduced monthly payments.
- FRA is typically 66 or 67, depending on your birth year.
Pro Tip: If financially feasible, wait until FRA to receive the maximum spousal benefit (up to 50% of your spouse’s full benefit).
4. Remarriage After Divorce
If you’re divorced and remarry, you’re generally not eligible for spousal benefits based on your ex-spouse’s record unless your subsequent marriage ends.
5. Insufficient Work Credits (on Your Own Record)
You need 40 work credits (around 10 years of work) to qualify for Social Security benefits on your own record. However, spousal benefits do not require your own work history, just your spouse’s.
6. Government Pension Offset (GPO)
If you receive a government pension from work not covered by Social Security (e.g., some teachers, police), the GPO may reduce or eliminate your spousal benefits.
- The reduction is typically two-thirds of your government pension.
7. Changes in Law Affecting Claiming Strategies
The Bipartisan Budget Act of 2015 eliminated the ability to:
- File-and-suspend
- Use a restricted application if born after January 1, 1954
8. Application Errors or Misunderstandings
Even minor errors can result in delays or denials. Common mistakes include:
- Applying for the wrong benefit
- Incorrect marital status
- Missing documents
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FAQs
Can I receive spousal benefits if I never worked?
Yes. If your spouse has enough work credits and is receiving benefits, you’re eligible for spousal benefits even if you never worked.
What if I qualify for benefits on my own record too?
SSA will pay your own benefit first. If your spousal benefit is higher, you’ll receive a combination totaling the higher amount.
How much is the spousal benefit?
Up to 50% of your spouse’s full retirement benefit, depending on your age and circumstances.
Can I appeal a denial?
Yes. You can request reconsideration and, if needed, attend a hearing. Visit the SSA Appeals Page for details.
