Demystifying Child-in-Care Spouse Benefits - AMAC Foundation
A Spouse Can Get Social Security Benefits Before Age 62
Most couples know that age 62 is the normal minimum age to apply for Social Security spousal benefits. But many are not aware that spouse benefits are available to spouses at any age if they are caring for the minor child(ren) of a marital partner who is (or was) collecting Social Security retirement benefits. As with all things about Social Security, there are rules and eligibility criteria which apply.
On the surface, it’s pretty simple: if an older partner receiving Social Security retirement benefits has a spouse too young to collect regular spousal benefits but who is, nevertheless, caring for their minor child(ren), that younger spouse can collect child-in-care (CIC) spousal benefits at any age. In such cases, the younger spouse can collect CIC benefits equal to 50% of their partner’s FRA amount until the child is 16 years of age, at which point the child-in-care benefits cease. Note the child must be “in-care” of the younger spouse (e.g., a dependent).
When Do Early Spouse Benefits Stop?
If, when the child turns 16, the spouse is at least 62, the spouse has the option to switch from CICI benefits to regular spousal benefits at that time, and all normal early spousal benefit and deemed filing rules would apply. If the spouse has reached FRA when the dependent child turns 16, the spouse will be automatically converted to regular spouse benefits at FRA.
Note that child-in-care spouse benefits are also available to younger spouses caring for the couple’s disabled adult child. If the child is disabled, CIC benefits will continue beyond when the child turns 16 and last until the spouse reaches FRA or the child is no longer eligible for dependent child benefits. Note too that if a spouse collecting child-in-care benefits is working, the normal Social Security “earnings test” rules apply (CIC benefits are affected by the earnings test in the same way regular spousal benefits are).
What About Surviving Spouse Benefits?
The above rules apply when both marriage partners are living. If the spouse who is collecting SS retirement benefits dies, a surviving spouse who is collecting CIC benefits will become eligible for higher CIC survivor benefits (75% of the deceased partner’s actual benefit amount). Note that the Family Maximum rules apply when more than one dependent is collecting benefits from the same person.