Social Security - Legal Entitlement

An individual cannot prevent their spouse or ex-spouse from collecting Social Security benefits based on their earnings record. Social Security spousal benefits are a legal entitlement under U.S. law. If a person is eligible, they can claim benefits based on their spouse's or ex-spouse's record, regardless of the other person’s wishes.

There have been legal cases related to Social Security benefits, particularly around eligibility, but not specifically about an individual preventing a spouse or ex-spouse from collecting benefits based on their earnings record. This is because the law is clear: spousal and ex-spousal benefits are legal entitlements, and the Social Security Administration (SSA) administers these benefits according to federal regulations.

For current spouses, as long as the primary worker is receiving their own Social Security benefits, the spouse can file for spousal benefits if they meet the eligibility requirements.

For ex-spouses, the rules are similar, with additional stipulations:

• The marriage must have lasted at least 10 years.
• The ex-spouse must be at least 62 years old.
• If the ex-spouse is eligible for benefits on their own work record, they must wait until their former spouse starts receiving benefits unless they have been divorced for at least two years, in which case they can file independently.

The worker whose record is being used does not need to give permission or be notified. Their benefit amount is not reduced by the spousal or ex-spousal benefits.