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For a couple, developing a Social Security (SS) claiming strategy can be challenging because there are several key factors which, together, influence the best claiming option for each partner. Those key factors are:
● Personal benefit disparity (difference between each partner’s personal SS benefit)
● Age disparity (gap in age between partners)
● Status of the couple relationship (for spousal and/or survivor benefits)
Personal Benefit Disparity
If both partners are eligible for Social Security retirement benefits from their own lifetime earnings history and their benefit entitlements are reasonably similar, then the last two factors above are insignificant in the couple’s claiming decision. In this case neither partner will be eligible for a benefit from the other, so each can choose the claiming option which best suits their personal objectives. If only one partner is eligible for an SS retirement benefit, or if both partners are eligible for an SS retirement benefit but there’s a significant difference between benefit amounts at full retirement age, then the partners’ age difference and the status of their relationship are important.
Age Disparity
If both partners are reasonably close in age, the spousal benefit available while both are living is an important factor. Eligibility for a spousal benefit is determined by comparing each partner’s SS retirement benefit entitlement at full retirement age (FRA) – if there’s a significant difference a spousal benefit will be paid. Spouse benefits will not be paid until the partner with the higher benefit starts collecting and, if there is a large enough difference between each partner’s FRA benefit entitlement, the payment for the partner with the smaller benefit will be increased by a “spousal boost.” The spousal boost adds money to the smaller (or non-existent) benefit so the payment will be as much as 50% of the other partner’s FRA amount, or as little as 32.5% if taken before the spouse’s FRA (the spousal boost reaches maximum when the receiving spouse attains full retirement age). The size of the boost depends on the amount of difference[1] between the partners’ FRA benefit amounts and the age at which the spouse benefit is claimed.[2]
Status of Relationship
If either partner is, or will become, eligible for a spousal or survivor benefit from the other, then the legal status of the partner relationship is of paramount importance. Social Security will not pay spousal or survivor benefits unless the relationship is a legal marriage. To Social Security, a legal marriage is a union which was solemnized by a recognized authority such as a clergy or other official so designated. So-called “common law marriage” is not considered a marriage for Social Security’s purposes unless the relationship was established in a State which recognizes such unions as a legal marriage. Social Security goes by State rules for marriage definition, and only eight states (CO, IA, KS, MT, NH, SC, TX, UT) currently recognize common law relationships as “marriage.[3]
Survivor Benefits
If there is a substantial difference in the age of the partners, it’s statistically probable that the older spouse will die first and, thus, the survivor benefit becomes of paramount importance. The rules for survivor benefits are much different from those relating to the spouse benefits available when both partners are living. A surviving spouse is entitled to 100% of the amount the deceased spouse was receiving at death, if the survivor claims the benefit at or after full retirement age.[4] Indeed, regardless of the difference in age, if one partner in the marriage has a personal benefit which is less than the other and the partner receiving the larger benefit dies first, the survivor is entitled to the higher benefit instead of their own smaller benefit. For that reason, each couple should consider the life expectancy of both partners in deciding when to claim. The longer the partner with the higher benefit waits to claim (up to age 70), the higher the survivor benefit will be for the other partner.
To summarize: if the partners have similar SS retirement benefits at FRA, each partner should claim based upon their individual requirements, considering their own life expectancy and need for the money. However, if there is a large difference in age or FRA benefit amounts:
● The partner with the smaller (or non-existent) SS retirement benefit should claim no later than FRA, or as soon thereafter that they become eligible.
● The partner with the higher benefit should consider that their own benefit will continue to grow for as long as they delay claiming, up to age 70 when their benefit will reach maximum.
● The partner with the higher SS retirement benefit should also consider that whenever they claim:
○ The benefit amount they receive when they claim will become the basis of their spouse’s eventual survivor benefit.
○ While both are living, their partner cannot claim a spousal benefit until at least age 62.
○ Their surviving spouse cannot claim a survivor benefit until at least age 60 (50 if disabled).
Does all this still seem complicated? Well, it is – which is why the AMAC Foundation’s Social Security Advisory Service offers free guidance on Social Security matters such as how couples should approach their benefit claiming options. Email questions to [email protected] or call us at 1 (888) 750-2622.
[1] The partner with the higher FRA (full retirement age) benefit must be entitled to more than twice the FRA benefit of the other partner.
[2] Age 62 is the minimum age for claiming a spousal benefit.
[3] Six other states (PA, OH, IN, GA, FL, AL) previously recognized common law relationships and still recognize such relationships established prior to the date it was abolished in the State.
[4] Survivor benefits can be claimed as early as age 60 (or 50 if disabled), but claimed before FRA the survivor benefit is reduced by 4.75% for each full year early, to a maximum of 28.5%.
Hello my name is Jennifer Maldonado Sanchez and I have a question my husband passed away on March 11 2024 at 6:15am I stayed by my self with our 3 kids what can I do or can ull help with anything. Here is my number xxx-xxx-xxxx I would like to know more information (note: phone number deleted from public view by website admin)
Jennifer,
Please accept our condolences for the loss of your husband.
One of our certified Social Security Advisors will contact you today at the number you provided to help you understand your options and what actions you need to take with Social Security. If it’s more convenient, you can call us at your convenience at 1.888.750.2622 for guidance.
Russell Gloor
National Social Security Advisor
The AMAC Foundation
Me n My X Have being separated 33 yrs n not divorce would I have the right to claim benefits from him I’m 63 yrs n he is 66 yrs
Graciela
f you are eligible for a spousal benefit, and if your husband is collecting his retirement benefits, you would be eligible for an increase in your retirement benefit.
A spousal benefit is applied when 50% of the higher-earning spouse’s full retirement age (FRA) benefit is higher than 100% of the lower-earning spouse’s FRA benefit. If you are eligible for a spousal benefit and you wait until your FRA to claim benefits you will receive a benefit equal to 50% percent of his.
If you apply for your benefits, now at 63, and your husband is receiving his benefits already, you will be deemed as filing for all benefits available to you. If you should be eligible for a spousal benefit, it will be applied when you apply. Your benefit would be a combination of both your benefit and your spousal benefit, and both benefits would be permanently reduced. If your husband is not yet receiving his benefits, it will automatically be applied when he claims them.
This would not affect your survivor benefit, should you be the surviving spouse. You would be eligible for 100% of his benefit at his time of death, if his benefit is higher than your own, as long as you have reached your FRA.
You may contact us by emailing [email protected] or calling (888)750-2622.
Sharon Kleczka, Social Security Advisor
AMAC Foundation
Can SSA deny my claim for spouse’s benefits if my ex-husband retired out of the state in which we were married for over 11 years?
Hello Chris,
Social Security is a federal program. Your claim for spouse benefits cannot be denied because your ex- husband moved out of state. As long as you were married over 10 years, which you specified, have been divorced for more than 2 years, he is at least 62 years of age, and you are eligible for spouse benefits, you will be able to receive them. If you have a pension from a job where you did not pay into Social Security, that can affect your spouse benefit. Also, if your own benefit is higher than the spouse benefit you will not be eligible for it.
You may contact us by emailing [email protected] or calling (888)750-2622.
Arlene Sharp, Social Security Advisor
AMAC Foundation
I am 69 and my wife is 72. I filed for SSA in 2017 and my wife filed in 2016 for SSA. My benefit now is $2555 month, hers is $733 month. We did not know about spousal benefits until recently when my younger brother informed me his wife was receiving an additional $800 month in addition to her benefit because his benefit was so much higher, we are in same situation. We contacted SSA and they set up a phone claim appointment for us on 08/06/2024. Initial contact with SSA representative told us my wife was entitled to 29% of my benefit. Based on timing of all of this, is my wife eligible for any back payments of spousal benefits? Thank you for any info you can provide.
James
Your wife is under the old Social Security rules as she was born before January 2nd,1954. This means she had the option to wait until her full retirement age (FRA) to apply for her spousal benefit to receive the full increase, which would be added to her current benefit amount. This means, if she wasn’t sent a letter notifying her of her eligibility and need to apply, she can request back pay back to the month you began your retirement benefits, or back to the month she reached her FRA to receive the full spousal increase.
According to the years you gave me for starting your benefits, you both began taking your benefits at age 62. Her spousal benefit will be based on the amount you would have received had you waited to your FRA to start receiving them.
It is very important that your wife asks, “Why wasn’t I sent a letter notifying me of my eligibility?” If they say she was, she is only eligible for six months of retroactive benefits. Either way, she has the right to have them based on her FRA, and not age 62 as she had the option to wait to her FRA claim them.
If she is not satisfied with the person handling her claim, she should ask for a supervisor. If no letter was sent out, she is entitled to a large amount of backpay.
You may contact us by emailing [email protected] or calling (888)750-2622.
Sharon Kleczka, Social Security Advisor
AMAC Foundation
I would like to know if I would eligible to receive SS retirement benefits from my ex-husband’s SS record even though I have been receiving benefits on my own SS record since 2013 at age 65. My ex-husband is 79 and I don’t know when he started collecting his benefits.
Marie
There are a few factors that determine if you are eligible for a spousal benefit based on your ex-husband’s Social Security record. The first is you had to be married at least 10 years and 50% of his full retirement age (FRA) amount would have to be more than 100% of your own FRA amount. If this is the case, you may be eligible for a spousal benefit to increase your own benefit. You also have to be currently single.
The only way to find out if you are eligible is to contact your local Social Security office and ask, “Am I eligible for a spousal benefit based on my ex-husband’s Social Security benefit?” “If I am, am I receiving it?” If you are, and you are not receiving it, you will be eligible for six months in retroactive benefits. If you no longer have his Social Security number, it is not required. You need to provide his name, date of birth, name of his parents, and where he was born.
If Social Security should tell you that you are not eligible while he is alive, this is their way of telling you that his benefit is higher than your own, but not high enough for you to receive a spousal benefit. If you should outlive your ex-husband, you should contact Social Security and make an appointment to apply for a survivor benefit based on his record, as his benefit is higher than your own. You will than receive the amount of his benefit at the time of his death and your own smaller benefit will end.
You may contact us by emailing [email protected] or calling (888)750-2622.
Sharon Kleczka, Social Security Advisor
I am currently 71, born in 1953, and have been drawing my small SSA since age 62. Can I switch to Spousal benefits even though my much higher earning 65 year old Husband is not retiring yet?
Debbie
You will not be able to receive your spousal benefit until your husband starts taking his own Social Security benefits. As you were born in 1953, you will have to apply for them to begin in the month your husband begins his benefits. Even though you will receive the full spousal benefit as you have passed your full retirement age (FRA), it will be added to your current benefit amount, that is reduced for starting at age 62, and the total will not equal 50% of your husband’s FRA benefit amount, regardless of when he starts his benefits.
You may contact us by emailing [email protected] or calling (888)750-2622.
Sharon Kleczka, Social Security Advisor
Hello, I am 66 yrs old and have been receiving SS since age 62. I receive $913. My husband is 66 and receives SS since age 65. He receives $2132.
Am I eligible to receive a portion of his social security at the present time. We have been married 32 years.
Thank you!
Mary
You state both you and your husband are both now 66 years old. You state you started your benefits at age 62, which means you took almost a 30% cut to your own retirement benefit. Your husband took at least a 5% or more cut to his retirement benefit when he started at 65. As I do not have your dates of birth, I can’t be more precise.
A spousal benefit is applied to the lower earning spouse’s own benefit when 50% of the higher earnings full retirement age (FRA) is more than 100% of your FRA benefit amount, not your reduced amount that you are currently receiving.
Example: If his FRA amount is $2300, 100% of your FRA amount would have to be less than $1,150 to receive an increase.
It appears your own benefit is to high to receive an increase from a spousal boost based on your husband’s Social Security benefit. To confirm whether or not you are entitled to a spousal benefit, you should call your local office and ask them if you are eligible for a spousal benefit. As you are under the new Social Security rules, if you are eligible, the spousal increase should have been applied to your benefit as soon as your husband applied to begin in the same month his benefits began.
You may contact us by emailing [email protected] or calling (888)750-2622.
Sharon Kleczka, Social Security Advisor