Spousal Benefits for the Wife of an Incarcerated Ex-Husband

Will the wife of an incarcerated ex-husband be eligible for a spousal benefit on her ex-husband’s work history? Would it make a difference if they were not officially divorced?

 The wife of an incarcerated ex-husband may still be eligible for a spousal benefit on her ex-husband’s work record, provided certain conditions are met. The critical factor here is whether the husband had already filed for Social Security benefits before his incarceration. If the husband had already begun receiving Social Security benefits, those benefits would be suspended during his incarceration, but this suspension only applies to his benefits. Any other individuals, such as a spouse or ex-spouse, who are entitled to benefits based on his work record would generally continue to receive their payments.

In the case where the ex-husband had not yet filed for Social Security benefits before going to jail, the wife would not be eligible for spousal benefits because the husband never established an application. This is crucial because, for spousal benefits to be paid, the worker on whose record the benefits are based must have filed for and established their entitlement to Social Security benefits.

If the couple is not officially divorced, and the husband had not filed for benefits before incarceration, the wife would still not be eligible to receive spousal benefits unless he had applied for them before his incarceration. Essentially, the eligibility for spousal benefits hinges on whether the husband had established his Social Security benefits prior to being incarcerated. Without that, the wife or ex-wife cannot claim spousal benefits based on his work record.

The content on this blog is for informational purposes only and is not legal, financial, or professional advice. Social Security rules change periodically, so some information may become outdated. For the most accurate advice, consult a certified National Social Security Advisor (NSSA®). Social Security Professionals, LLC, and NSSA® are not responsible for any errors, omissions, or actions taken based on this blog's content. Use of this blog does not create a client relationship, and all information is provided "as is" without guarantees. By using this blog, you agree to hold Social Security Professionals, LLC, and NSSA® harmless from any claims or liabilities arising from its content. For personalized guidance, contact an NSSA® professional.