Social Security Benefits for Unmarried Couples

If you're eligible for Social Security disability insurance (SSDI) or retirement benefits, your family members might also qualify for dependents benefits. But, to be eligible, you must meet the Social Security Administration's (SSA's) definition of family members.

That often puts unmarried couples who live together at a disadvantage when it comes to Social Security benefits—especially if one partner stays home caring for children or running the household and isn't self-employed or working outside the home.

Who's Eligible for Social Security Benefits?

Typically, you qualify for Social Security benefits based on your own earnings record. If you don't work at a job that requires payment of Social Security tax (FICA or self-employment tax), you don't earn work credits towards Social Security benefits.

But married couples can get benefits based on the other spouse's earnings record. A husband or wife can qualify for:

• dependent benefits, if their spouse is entitled to retirement or SSDI benefits, and
• survivors' benefits, if their deceased spouse (or ex-spouse) was qualified for retirement or disability benefits.

So, as long as the SSA recognizes your marriage (and you might not need a marriage license), if you stayed home and took care of the kids for a number of years (or even if you didn't have kids), you'll likely be entitled to collect Social Security benefits based on your spouse's earnings record.

Social Security considers you married if you're married under the laws of your state. A common law marriage in a state that recognizes them can qualify you for Social Security spouse's or widow(er)'s benefits. (20 C.F.R. § 404.723.)

Unfortunately, adults who live together but aren't married (and aren't in a common law marriage) can't qualify for dependents' or survivors' benefits based on their partners' work record. This presents an obvious disadvantage when one partner in a living together arrangement works outside the home and the other stays home caring for kids or taking care of the household. The good news is that you can qualify for full Social Security spousal benefits after being married for just one year.

When Can a Stay-at-Home Partner Get Social Security?

If you're not married and have never been married, you can't qualify for Social Security unless you earn your own work credits. Even if your children qualify for dependent or survivor benefits based on your partner's work record, you can't get mother's or father's benefits unless you were married to your children's other parent. (20 C.F.R. § 404.339.)

But there are a couple of ways stay-at-home partners might qualify for benefits from Social Security.

Earning Social Security Benefits as a Paid Stay-Home Partner

If your partner "employs" you to take care of the home and children, you might qualify for Social Security benefits based on your own work record. The "employer partner" would pay wages to the stay-at-home partner and pay Social Security tax on the stay-at-home partner's behalf.

The stay-at-home partner would essentially become a household employee, and both partners would have to comply with other legal and tax requirements. For example, the stay-at-home partner would have to pay state and federal income tax on the wages. And in many states, the "employer partner" would also have to pay disability insurance and other types of insurance or taxes.

Getting Social Security Based on Your Previous Marriage

Living with someone doesn't affect any Social Security benefits you might receive from a former marriage. So, if you're divorced, you might qualify for benefits based on your ex-spouse's work record.

Dependents benefits. If your ex-spouse is entitled to Social Security retirement or SSDI benefits, you might receive dependent benefits (husband's or wife's benefits). To qualify, you must meet all the following criteria:

• you were married to your ex-spouse for at least 10 years
• you've been divorced for at least two years
• you're at least 62
• you're currently unmarried, and
• you're not entitled to Social Security retirement or disability benefits based on your own or someone else's work record equal to or larger than the full spouse's benefit. (20 C.F.R. § 404.331.)

Survivors benefits. If you qualify for benefits as a divorced spouse and your ex has died, you can receive survivor's benefits as early as age 60 (50 if you're disabled). (20 C.F.R. § 404.336.) And it doesn't matter if your ex-spouse has remarried or if you're living with someone.

Mother's or father's benefits. If your child is under 16 (or disabled) and is receiving Social Secuirty dependents benefits, you can receive mother's or father's benefits based on your ex-spouse's record at any age.

Qualifying for Supplemental Security Income (SSI)

If you haven't worked enough to qualify for SSDI and don't qualify for spouse's or ex-spouse's benefits, you might qualify for Supplemental Security Income (SSI). Social Security pays monthly SSI benefits to people with disabilities and adults over age 65 who meet the program's strict income and asset limits.

Fortunately, not all income counts for SSI eligibility purposes. And your partner's income won't directly affect your eligibility, but if you receive free rent from your partner, it will count as in-kind income and reduce your SSI payment. Plus, if you have any assets, like checking and retirement accounts, you might have too much money to qualify for SSI benefits.

Qualifying for Medicare Through a Spouse

Medicare eligibility through a spouse follows the same rules as eligibility for Social Security benefits. You'll become eligible for Medicare when you turn 65, based on your spouse's work history, if:

• You've been married at least a year and your spouse is eligible for Social Security retirement or disability benefits.
• You're divorced, after being married for 10 or more years, you don't remarry, and your ex-spouse is eligible for benefits.
• Your spouse passed away after you were married for nine months or more, you don't remarry, and your ex-spouse had enough credits to qualify for benefits.

Learn more about Medicare.

Can Domestic Partners Get Spousal Benefits?

In the United States, domestic partnerships and civil unions still exist in about a dozen states. Social Security will actually grant dependents benefits and survivors benefits based on these non-traditional relationships, but only in certain circumstances.

Basically, if your state gives inheritance rights to the partner or member in a domestic partnership or civil union, Social Security will recognize the relationship as a marriage for the purposes of benefits. California, for instance, grants inheritance rights to registered domestic partners, and Illinois grants inheritance rights to members of civil unions. In those states, domestic partners and civil union members can receive dependents benefits and survivors benefits.

The date you begin the domestic partnership or civil union is considered your marriage date for the purpose of determining benefit eligibility. To learn more, see our article on Social Security spousal benefits for domestic partnerships and civil unions.