What is the 5/10 Rule for Social Security?
The 5/10 rule refers to a specific Social Security guideline that allows someone to collect benefits based on their spouse’s work history. To qualify under the 5/10 rule, a person generally needs to meet two criteria:
- Be married for at least 1 year to the spouse whose record they want to claim on
- Have a spouse who worked for at least 10 years (40 credits) in Social Security-covered employment
If these two conditions are met, the non-working or lower-earning spouse can collect up to 50% of the working spouse’s Social Security benefit amount once they reach age 62 or older. This rule allows spouses who had minimal earnings or did not pay much into Social Security over their career to still receive benefits based on their partner’s more substantial work record and contributions.
The 5/10 rule was created by Social Security to provide spousal coverage for non-working spouses or spouses who earned significantly less than their partner. It helps deliver benefits to spouses who may have taken time out of the workforce for caregiving responsibilities and recognizes marital relationships in determining eligibility for Social Security payments in retirement.
Rules for Collecting Spousal Benefits Under the 5/10 Rule
Social Security allows spouses to collect spousal benefits worth up to 50% of their spouse’s primary insurance amount, which is the benefit they would receive at full retirement age. However, the 5/10 rule impacts eligibility for these spousal benefits.
The 5/10 rule states that a spouse can only collect spousal benefits if they have been married for at least 10 years to the primary worker. Some exceptions apply. If the primary worker has already filed for benefits, the spouse must have been married for at least 1 year in order to be eligible. Additionally, if the primary worker has not yet filed for benefits, the spouse must have been married for at least 2 years to claim spousal benefits.
The 10-year marriage requirement under the 5/10 rule remains in place even if the couple later divorces. As long as the marriage lasted at least 10 years, the ex-spouse can still claim spousal benefits under the former spouse’s record when eligible. https://www.ssa.gov/benefits/retirement/planner/applying7.html
These spousal benefits can provide valuable income for spouses who earned less, or did not pay into Social Security enough to qualify for their own benefits. The 5/10 rule aims to ensure only long-term spouses can access this form of support.
How Your Own Work History Impacts Eligibility
To qualify for Social Security retirement benefits, you generally need 40 Social Security work credits. You can earn up to 4 credits per year, so it typically takes about 10 years of work to qualify for benefits. Each credit represents earnings of $1,510 in 2022 (How You Earn Credits 2022).
Under the Social Security Administration’s 5/10 rule, you need at least 5 years of work history to be eligible for spousal benefits. If your work history is less than 10 years, your benefit as a spouse will be reduced compared to someone with a longer history.
For example, if you have 5 years of work credits, you can receive a spousal benefit equal to 50% of your spouse’s Primary Insurance Amount (PIA). With 8 years, your benefit increases to 80% of their PIA. At 10 years, you qualify for the full 50% spousal benefit amount.
The more work credits you earn, the higher your potential spousal benefit. But you cannot receive more than 50% of your spouse’s PIA regardless of your own earnings record (Social Security Credits and Benefit Eligibility). Your benefit is capped at that 50% threshold.
Rules for Divorced Spouses
Divorce can impact eligibility for spousal benefits under the 5/10 rule. To qualify for spousal benefits as a divorced spouse, you must have been married to your ex-spouse for at least 10 years before divorcing. If the marriage lasted less than 10 years, you are not eligible for spousal benefits based on that marriage.
The length of the marriage is calculated from the date of marriage to the date the divorce became final. Any temporary separations during the marriage still count towards the 10-year eligibility requirement.
If you meet the 10-year marriage requirement, you can collect spousal benefits based on your ex-spouse’s earnings record even if they have remarried. Your ex-spouse does not need to be collecting Social Security benefits for you to qualify.
The amount you receive as a divorced spouse is the same as current spouses – you can collect up to 50% of your ex-spouse’s primary insurance amount if you start receiving benefits at your full retirement age. If you start collecting earlier, your benefit amount is reduced.
In the event your ex-spouse dies, you can collect survivor benefits based on their record. You do not need to have been married at the time of their death to qualify. https://www.ssa.gov/pubs/EN-05-10044.pdf
If you remarry, you generally cannot collect spousal or survivor benefits unless your later marriage also ends.
How Age Affects Eligibility
The age at which you claim Social Security benefits has a significant impact on eligibility under the 5/10 rule. For example, if you claim benefits before your own full retirement age, it can reduce the spousal benefits you are able to collect based on your spouse’s record.
Full retirement age was age 65 for many years. However, due to changes to Social Security, for people born in 1960 or later, full retirement age is now between 66 and 67 depending on your year of birth (Source). This means you must wait until that older age to qualify for unreduced spousal benefits under the 5/10 rule.
Additionally, delaying when you claim benefits past your full retirement age can actually increase the amount you receive. For every year you delay claiming Social Security beyond your full retirement age, your benefit amount goes up by about 8% per year until age 70 (Source). So under the 5/10 rule, waiting longer to file can maximize the spousal benefits you ultimately collect.
Maximizing Benefits Under the 5/10 Rule
The 5/10 rule allows certain individuals to maximize their Social Security benefits. Here are some strategies to optimize benefits within the constraints of the rule:
If your own Social Security benefit is low but your spouse has a high benefit, it can make sense to claim spousal benefits first while allowing your own benefit to grow. You can switch to your own benefit later at full retirement age or 70 for an even higher payout. This approach essentially allows you to claim two benefits – one spousal, one based on your own record (Investopedia).
If you are widowed, you may want to delay claiming survivor benefits if your own benefit will grow substantially. By waiting, you can switch to your own benefit later and receive a higher overall amount over your lifetime (U.S. News).
Consulting with a financial advisor can help determine the optimal time to claim that maximizes your lifetime benefits. Software tools are also available to analyze different filing strategies under the 5/10 rule.
In general, it makes the most sense to claim spousal benefits under the 5/10 rule when you have a short work history or low earnings. If your benefit will grow substantially by delaying, it may be better to wait. Likewise, if your spouse’s benefit will not be significantly higher than your own, the 5/10 rule may not provide much advantage.
Changes to Social Security That Impact the 5/10 Rule
While the 5/10 rule has been in place for many years, there have been some recent changes that impact how it works as well as proposals that could alter or eliminate it in the future.
One of the most notable changes is the gradual increase to full retirement age. When the 5/10 rule was first introduced, full retirement age was 65. Now, for anyone born in 1960 or later, full retirement age is 67. This means that spouses have to wait longer to qualify for unreduced spousal benefits under the 5/10 rule.[1]
Another change is that starting in 2016, individuals can only file a restricted application for spousal benefits once they reach full retirement age. Prior to that, some spouses filed at a younger age and received smaller spousal benefits first before switching to their own larger benefit later.[2]
There have been various proposals to modify or eliminate the 5/10 rule. For example, some proposals suggest increasing the length of marriage requirement from 10 years to 15 or 20 years. Others propose calculating spousal benefits differently or phasing them out entirely.[3] However, so far these major changes have not been implemented.
While the 5/10 rule remains intact for now, it’s possible it could change in the future as policymakers look for ways to strengthen Social Security’s long-term finances. Those relying on spousal benefits may want to consult a financial advisor to understand how potential changes could impact their retirement plans.
[1] https://www.ssa.gov/pubs/EN-05-10044.pdf
[2] https://www.ssa.gov/news/press/factsheets/colafacts2023.pdf
[3] https://www.bankrate.com/retirement/social-security-benefits-changes-in-2024/
Common Misconceptions
There are some common misconceptions about how the Social Security 5/10 rule works that are worth clarifying:
Myth: The 5/10 rule allows anyone to get spousal benefits if married for at least 10 years.
Reality: You must be married for at least 10 years, but your work history also impacts eligibility. If you have substantial earnings, you may only qualify for benefits based on your own record.
Myth: As long as I’m divorced and was married 10+ years, I can get spousal benefits from an ex-spouse at 62.
Reality: You generally cannot collect benefits on an ex-spouse until you are both at least age 62. Additionally, you must currently be unmarried to collect spousal benefits from an ex.
Myth: The 5/10 rule lets me essentially ‘double-dip’ and get both my own and spousal benefits.
Reality: You cannot receive both benefits in full at the same time. Your payment is based on your own benefit or half your spouse’s, whichever is higher.
Myth: The 5/10 rule hasn’t changed and is guaranteed.
Reality: While still in effect, Congress could change or eliminate the 5/10 rule at any time through legislative changes to Social Security.
The key is that the 5/10 rule does provide access to spousal benefits in many cases, but does not automatically make someone eligible. Your personal work history, marital status, and age also factor into determination of benefits.
Frequently Asked Questions
Here are answers to some common questions about the 5/10 rule for Social Security benefits:
What is the 5/10 rule?
The 5/10 rule refers to the Social Security requirement that you must be married for at least 5 years before you can collect spousal benefits from your spouse’s work record. Additionally, your spouse must have paid into Social Security for at least 10 years to be eligible for benefits.
Does the 5/10 rule apply if we get divorced?
Yes, the 5/10 rule still applies if you get divorced. You must have been married for at least 5 years, and your ex-spouse must have paid into Social Security for 10 years, in order for you to collect benefits based on their record after divorce.
Do I have to wait until my full retirement age to collect under the 5/10 rule?
No, you can collect spousal benefits as early as age 62 under the 5/10 rule. However, your benefit amount will be reduced if you claim before your full retirement age.
Can I work while collecting spousal benefits under the 5/10 rule?
Yes, you can work while collecting spousal benefits. However, your benefits may be reduced if you earn over certain income limits before you reach full retirement age.
How do I apply for spousal benefits under the 5/10 rule?
You can apply for spousal benefits by contacting Social Security and filing Form SSA-2 to apply for spouse’s benefits. You’ll need to provide documents to prove your marriage meets the 5/10 rule requirements.
The Bottom Line on the 5/10 Rule
In summary, the key takeaways on the 5/10 rule for Social Security are:
- To qualify for spousal benefits under the 5/10 rule, you must be at least 62 years old and your spouse must qualify for Social Security benefits.
- You must have been married for at least 1 year before applying for spousal benefits.
- If you have little or no earnings history, you can qualify for up to 50% of your spouse’s full retirement benefit.
- If you have an earnings history, your spousal benefit is reduced by the amount of your own benefit.
- Divorced spouses can also qualify for spousal benefits if the marriage lasted at least 10 years.
- Remarriage after age 60 does not affect eligibility for survivor benefits.
For more details on how the 5/10 rule works, check out the Social Security Administration’s free publications at https://www.ssa.gov/pubs/EN-05-10044.pdf and https://www.ssa.gov/benefits/retirement/planner/stopwork.html. The SSA website contains a wealth of resources to help you maximize your retirement benefits.