Understanding Entitlement to Wife’s or Husband’s Benefits: Section 404.330 Explained

Section 404.330 of the Social Security Administration’s regulations outlines the conditions under which an individual is entitled to wife’s or husband’s benefits when their spouse is receiving old-age or disability benefits.

In this blog post, we will examine the various requirements for entitlement and clarify who is eligible for these benefits.

Eligibility Criteria for Wife’s or Husband’s Benefits:

You are entitled to wife’s or husband’s benefits if the following conditions are met:

1. You are the insured person’s wife or husband based on a relationship described in §§ 404.345 through 404.346, and one of the following conditions applies: a. Your relationship with the insured has lasted at least one year. b. You and the insured are the natural parents of a child. c. In the month before you married the insured, you were entitled to or could have been entitled to certain Social Security benefits or Railroad Retirement Act payments.
2. You apply for the benefits.
3. You are at least 62 years old throughout a month and meet all other conditions of entitlement. Alternatively, if you are the insured’s wife or husband and have a child in your care who is entitled to child’s benefits on the insured’s earnings record, the child must be under age 16 or disabled.
4. You are not entitled to an old-age or disability benefit based on a primary insurance amount that is equal to or larger than the full wife’s or husband’s benefit.

Example: Sarah, age 62, is married to Mark, who is 65 years old and currently receiving Social Security disability benefits. They have been married for two years and have a 14-year-old child together, Emma. Sarah is considering applying for wife’s benefits based on Mark’s earnings record.

According to Section 404.330, Sarah is eligible for wife’s benefits if she meets the following conditions:

1. She is Mark’s wife based on a relationship described in §§ 404.345 through 404.346, which is true since they are legally married and have been so for two years.
2. Their relationship has lasted at least one year, they are the natural parents of a child (Emma), or Sarah was entitled to specific benefits the month before marrying Mark. In this case, Sarah and Mark have been married for two years and are Emma’s natural parents, meeting this requirement.
3. Sarah applies for the benefits.
4. Sarah is at least 62 years old throughout a month, which is true as she is currently 62 years old.
5. Sarah is not entitled to an old-age or disability benefit based on a primary insurance amount equal to or larger than the full wife’s benefit.

Since Sarah meets all the necessary conditions, she is eligible for wife’s benefits based on Mark’s disability benefits.

Conclusion: Section 404.330 provides a clear understanding of the eligibility criteria for receiving wife’s or husband’s benefits when your spouse is entitled to old-age or disability benefits. By familiarizing yourself with these requirements, you can ensure that you are informed about your potential entitlement to these benefits and can take the necessary steps to apply for them if you are eligible.

https://www.ssa.gov/OP_Home/cfr20/404/404-0330.htm