When Can a Spouse Claim Spousal Benefits in Georgia?

Trying to navigate the laws surrounding spousal benefits can be overwhelming, but putting off collecting benefits is never a good idea. It’s important to ask yourself early in marriage, “When can a spouse claim spousal benefits in Georgia?” Knowing the answer can save you the research later in life.

Hire a Spousal Support Lawyer That Will Advocate for Your Rights

When you work with Attorney Young at Young Law Firm, LLC, you’re working with a Georgia divorce lawyer with over four decades of professional experience. She doesn’t see new clients as just another case number. When you come in for your free, 30-minute consultation, you’ll have the opportunity to explain your situation and legal desires in detail.

Georgie family law attorney Diana Whipkey Young will then provide transparent legal guidance, allowing you to make the final decision. During confusing and destabilizing times, our team values giving clients a chance to fight for what they deserve.

Retiring in Georgia

In a recent 2025 study, it was found that average annual expenses in Georgia are relatively low compared to the rest of the country. These expenses average at $34,180. Georgia residents earn around $64,210 per year. This means that residents can be ready for retirement in 27 years.

In 2025, about 85 cents of every dollar you earn at work goes to a fund that pays monthly benefits to current retirees and their families, as well as to surviving spouses and children of workers who have died.

Social Security benefits replace only part of your income if you retire. The amount you get in benefits depends on how much you earned while working during your life. Higher earnings over your lifetime usually mean you’ll end up receiving higher Social Security benefits.

Georgia Spousal Support Laws

When an employee starts getting retirement benefits, their spouse may also qualify for benefits based on the employee’s earnings. To get these benefits, the spouse must be at least 62 years old, caring for a child under 16, or receiving Social Security disability benefits.

The spousal benefit can be up to 50% of the worker’s retirement amount, but the exact amount depends on the spouse’s age when they start receiving it. Only 15% of Georgians were aged 65 and older as of 2023. While caring for a qualifying child won’t reduce benefits, filing before your full retirement age reduces your spousal benefits.

Using your spousal benefits can also let you delay your own benefits, allowing them to grow larger over time. If the spouse can get a retirement benefit based on their own work and that amount is higher than the spousal benefit, Social Security will pay the higher amount. Otherwise, the spouse will get the spousal benefit.

For those who don’t have a current spouse but are divorced, there are specific rules regarding your ex-spouse. They can get Social Security benefits if they’re at least 60 years old and if the marriage lasted at least 10 years.

Other Types of Benefits for Aging Spouses

A portion of the taxes Americans pay also goes toward survivor benefits for families of those who pass away. The value of these benefits may exceed the life insurance the deceased spouse had. Certain family members may qualify for survivors’ benefits after a person passes. This includes a:

• Surviving spouse
• Divorced surviving spouse
• Children
• Dependent parents

If an employee in Georgia who receives retirement benefits passes away, their spouse can receive half of those benefits for the rest of their life once they turn 60. If the member dies before retiring, the surviving spouse has a choice. They can either:

1. Take back all the money the member paid into the retirement fund with interest, but then give up any future benefits
2. Leave the money in the fund and start getting half of what the member would have received at age 60

You don’t have to go through this difficult time by yourself. It’s important to hire a spousal support lawyer in Georgia to help you understand your unique situation.

FAQs

Can I Keep Working While Receiving Social Security Retirement Benefits?

Continuing to work while receiving Social Security benefits is possible. Once you reach your full retirement age while still working, your earnings will not reduce the benefits you get. However, if you work and file for benefits before full retirement age, your benefits may decrease if your earnings exceed certain limits. In 2025, the limit is $23,400. For the year you reach full retirement age, the limit is $62,160.

How Much Does a Spousal Support Lawyer Cost?

The cost of a spousal support lawyer will vary from case to case. Some important factors to consider include the time required to resolve the case, the complexity of the case, and each spouse’s willingness to cooperate. You must also consider the attorney’s fee schedule. Some attorneys may charge a flat fee, and some may charge by the hour.

How Can a Spousal Support Lawyer Help Me?

A spousal support lawyer can help in many ways. A lawyer can be a valuable resource when navigating the legal process. Georgia family laws, specifically spousal support laws, can be challenging to understand, and having an experienced legal advocate on your side can be helpful. The sooner you engage a lawyer, the sooner you can get your legal questions and concerns addressed.

How Do You Earn Survivor Benefits?

You earn survivor benefits by being employed and paying your Social Security taxes during your lifetime. These taxes give you credits toward your benefits. How long you need to work for your family to qualify depends on your age at the time of your death. Younger workers need fewer years in order to qualify. However, no one requires more than 10 years of work to be eligible for Social Security benefits.

Choose an Experienced Family Law Firm in Georgia

The team at Young Law Firm, LLC, are dedicated legal advocates. When we see injustice, we work tirelessly to fight it. Reach out to us through our online submission form or by calling 770-758-8976. Attorney Young offers new clients in Georgia a free, 30-minute consultation. We accept all major credit cards for client payments.

You don’t have to go through your legal case alone. Choose Attorney Young to be a part of your support system during this time.