Spousal & Divorced Benefits
Understanding Spousal Social Security Benefits and Deemed Filing Rules
Verified against SSA POMS as of August 15, 2026
The short answer
Spousal Benefits are Social Security benefits payable to a spouse or divorced spouse of a person entitled to retirement or disability benefits. Deemed Filing Rules mean that eligible individuals must file for all benefits they are entitled to (e.g., spousal and retirement benefits) when they first claim any one of them. The Bipartisan Budget Act of 2015 altered the deemed filing rules for individuals born on or after January 2, 1954.
What Are Spousal Benefits?
Spousal benefits are payable to the spouse of an individual entitled to retirement or disability insurance benefits, provided the spouse has filed an application and reached age 62. For divorced spouses, the benefits are payable under similar conditions if the marriage lasted at least 10 years and the claimant is not currently married. The maximum amount a spousal benefit may be is up to 50% of the primary earner's benefit amount. (RS 00207.040)
RS 00207.040 View source ›Deemed Filing Rules
Deemed filing requires individuals eligible for both retirement and spousal or divorced spousal benefits to file for both benefits when they apply for one. This rule applies to those born on or after January 2, 1954. Deemed filing does not apply to individuals who qualify for child-in-care spousal benefits or who are entitled to disability insurance benefits. (GN 00204.035)
GN 00204.035 View source ›Eligibility Criteria for Spousal Benefits
To qualify for spousal benefits, the spouse must have reached age 62 and have a valid marital relationship with the individual entitled to retirement or disability benefits. For divorced spouses, the marriage must have lasted at least 10 years. (RS 00207.040)
RS 00207.040 View source ›Applying for Benefits with Form SSA-2
To apply for spousal or divorced-spouse benefits, individuals must file an application either through SSA's electronic claims system or, when applicable, by using Form SSA-2. SSA may require supporting evidence to establish the marriage, divorce, and other factors of entitlement. Additional documentation may be necessary if the marital status is unclear or if there are competing claims to spousal status. (RS 00202.050)
RS 00202.050 View source ›Restrictions and Interaction with Retirement Benefits
Filing for a retirement benefit and becoming eligible for a spousal benefit can occur at different times. If the spouse or the divorced spouse has already filed for retirement benefits, they must also file for spousal benefits under the deemed filing rules as soon as they become eligible for a spousal benefit. Deemed filing does not apply to survivor benefits. (GN 00204.035)
GN 00204.035 View source ›Frequently asked
What happens if I'm eligible for both a spousal benefits and my own retirement benefit?
If you are eligible for both a spousal benefit and your own retirement benefit, the deemed filing rules apply. This means that when you file for one, you are considered to have filed for both. As a result, you will receive the higher of the two benefits, but not both separately.
Can I receive divorced spousal benefits if I remarry?
If you remarry, you generally cannot receive divorced spousal benefits based on your former spouse's record. However, if you remarry after age 60, you may still qualify for survivor benefits.
How do divorced spousal benefits work?
Divorced spousal benefits are available if you were married for at least 10 years and are currently unmarried. You must be at least 62 years old, and your former spouse must be entitled to benefits. If you have been divorced for less than 2 years, your former spouse must have filed for their own benefits before you can claim divorced spousal benefits. However, if you have been divorced for more than 2 years, your former spouse only needs to be entitled to benefits, regardless of whether they have filed.
What is the SSA-2 form for?
The SSA-2 form is used to apply for spousal or divorced spouse's benefits under Social Security. While the form initiates the application process, the Social Security Administration may still require additional supporting documentation to establish eligibility and confirm marital or divorce status.
Does deemed filing apply to survivor benefits?
No, deemed filing does not apply to survivor benefits. You can apply for survivor benefits without simultaneously applying for your retirement benefits.