You may qualify for benefits on your spouse's Social Security earnings record if: You are 62 or older. Or, you are younger but caring for a child under 16 or a child with disabilities who is under 19. Your spouse is elgible for retirement benefits (62 or older)
The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.
The Social Security spousal benefits loophole refers to strategies that some married couples have used to maximize their Social Security benefits. These strategies were allowed under prior rules but were curtailed by changes made in the Bipartisan Budget Act of 2015.
However, your maximum spouse's benefit remains 50% of their full retirement age benefit, not their higher amount including delayed retirement credits. (Your benefit as a surviving spouse would be based on the higher amount.)
In addition, to be eligible for spouse's benefits, you must be one of the following: 62 years of age or older. Any age if you have a child who is younger than 16 in your care or has a disability and is entitled to benefits on your spouse's record.
You can't collect spousal benefits unless your spouse already receives Social Security. If your spouse claims their own benefit, you are dually entitled. This means you apply for both retirement and spousal benefits simultaneously, and you'll get the higher of the two amounts.
If you are still married, the other spouse must be receiving benefits before you can claim spousal benefits. And then you get either your own or half of your spouse's amount, whichever is higher and that amount will be reduced permanently if you are below full retirement age.
If you claim your regular Social Security benefit before your higher-earning spouse does, you have the option of switching to spousal benefits at a later date when (or after) your spouse decides to file.
How much can I get from Social Security spousal benefits? The maximum Social Security spousal benefit is 50% of your spouse's or ex-spouse's benefit at full retirement age (FRA). There is no increase to spousal benefits beyond FRA.