By: Letty M-S Van Ert

Social Security is essentially a worker's program.  In other words, if FICA taxes were withheld from your paycheck during your working years, and you worked long enough, then under the Social Security Act, you can collect Social Security at age 62, at the earliest.  Note: the full retirement age for Social Security is approximately 65, depending on your year of birth.  However, a person can elect to receive a reduced Social Security benefit beginning at age 62.

What many people do not realize is that under the section of the Social Security Act regarding Spousal & Survivor Benefits, the spouse of a worker can receive Social Security benefits based on his or her own work record OR that of the spouse.  This benefit was created by the Roosevelt Administration to provide lifetime family security instead of individual security to workers.  For example, if one spouse did not work outside of the home or did not work enough outside of the home to earn Social Security, then that spouse will not qualify for Social Security benefits based on his or her own work history.  However, all is not lost: he or she can still collect Social Security based upon his or her spouse's work history.  For the sake of clarity, I will refer to the spouse who qualifies for Social Security based on his or her own work history the "working" spouse.  (Disclaimer: In no way do I intend to mean that a spouse who stays-at-home raising children does not work; I realize raising children is a lot of work as well as very important - perhaps the most important - work.  But unfortunately, raising your children does not contribute to the accrual of Social Security benefits.)

It is important to understand how Social Security benefits work between married couples.  The amount the spouse receives depends on when the working spouse elects to receive Social Security retirement benefits.  He or she can elect the working spouse's share only after the working spouse begins collecting Social Security retirement benefits.  If he or she elects the working spouse's share while the working spouse is alive, he or she will collect 1/2 of the working spouse's MAXIMUM (not 1/2 of the reduced amount), even if the working spouse took early retirement at 62.  Once the working spouse dies, then the surviving spouse quits receiving 1/2 of the working spouse's maximum, but can collect the FULL AMOUNT of the deceased working spouse's benefit.

The scenario is slightly different for divorced individuals.  In the case of divorced individuals, let's call them Jack and Jill, the former spouse who has the lower Social Security benefit based on work history (let's say it's Jack in this case), can collect Social Security benefits based on Jill's benefit IF:

1) Jack is UNMARRIED, and
2) Jack is at least 62, and
3) He is not entitled to higher benefits based on his own work history, and
4) Jack was married to Jill for at least 10 years, and
5) He has been divorced from her for at least 2 years.  

IF THESE CONDITIONS ARE MET, THEN Jack can collect 1/2 of Jill's full Social Security retirement benefit when he reaches age 62, even if Jill has not started collecting Social Security benefits BUT she is of retirement age (62).  This is the big difference between married spouses and divorced individuals; married spouses have to wait until the working spouse actually starts collecting benefits.  If Jack has been married and divorced more than once and meets the above conditions, then he gets to pick from which ex-spouse's benefit he wants to collect.  THIS DOES NOT alter his ex-wife's benefit.  If Jill has been married and divorced more than once, all of her previous spouses who meet the above requirements can collect based on her amount.  Again, this does not affect Jill's benefit.

Be aware that neither Jack nor Jill will be notified by the Social Security Administration of this benefit.  It is something Jack will have to pursue if he wants it.  The lesson is the same as with most areas of the law: don't sit on your rights.