My husband, 75, is not eligible for Social Security. How is this possible? Is he entitled to my spousal benefits?

By Alessandra Malito

'He is a retired postal worker'

Dear MarketWatch,

My husband is 75 and a retired postal employee. He does not receive Social Security benefits.

Why is he not entitled to spousal Social Security benefits? If I pass before him, is he entitled to my Social Security?

Concerned Spouse

Related: How can I make $400,000 work for me in retirement? 'I have never invested in the stock market.'

Dear Concerned Spouse,

Your husband may not be eligible for his own Social Security benefits, but he may be eligible for spousal benefits under your record while you're alive, and survivor benefits if you die before him.

"If you don't have enough Social Security credits to get benefits on your own work record or your own benefit is small, you may be able to receive benefits as a spouse," the Social Security Administration said.

There is a caveat that may affect him, which is why he hasn't gotten a benefit even as a spouse, and that's the Government Pension Offset. The GPO, as it's known, is a law that impacts spouses and surviving spouses if they receive a retirement pension from a federal, state or local job. The law doesn't outright eliminate a benefit, but it can reduce it, and the reduction is an offset of the beneficiarie's retirement benefit.

If that's not the case, then you are required to already be claiming your own benefit in order for him to receive spousal benefits. There's a bit of planning involved in this. For example, you don't have to be at Full Retirement Age in order for him to get a spousal benefit, but he would have to be at his Full Retirement Age to get the maximum (50% of your benefit at your FRA). Claiming before that would result in a reduced benefit, but considering he's 75 years old, this would not apply to him.

Here's more from the Social Security Administration on who is eligible for spousal benefits and how they are determined.

Do you have questions about retirement, Social Security, where to live or how to afford it at all? We want to hear from you. Join the conversation in our Facebook community: Retire Better with MarketWatch.

Survivor benefits - some may know them as widow/widower benefits - are different than spousal benefits. The survivor benefit is not capped at 50% of the primary insurance amount, which is what a person gets at Full Retirement Age.

Instead, the widow or widower can get up to as much as the deceased spouse received, including any delayed credits, which you get if you postpone claiming benefits any time after your Full Retirement Age up to age 70, depending on age. Again, given he is past Full Retirement Age, he should be eligible for the maximum.

If he's already getting spousal benefits, the Social Security Administration would simply switch his payments to survivor benefits, the agency said. If he hasn't yet begun benefits, he would have to apply for those benefits. Here's more on that.

The Social Security Administration also gives a one-time lump sum payment of $255 when a beneficiary dies. He needs to apply to receive this.

You and your husband can create accounts on the Social Security Administration's website to get up-to-date and clearer estimates for benefits, as well as check that your personal information and work history is accurate. An account is also a good way to prevent any scammers from doing so in your name.

Now, back to the GPO for a moment. If that is the case, unfortunately there isn't much you both can do regarding Social Security benefits right now. There are proposals out there that address this issue, but in the meantime you should both sit down and talk about your current and future finances, as well as how to protect each other in the long term.

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Have a question about your own retirement savings? Email us at HelpMeRetire@marketwatch.com

-Alessandra Malito

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09-24-24 1013ET

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