Can I claim Social Security on my higher-earning husband's record at 62 while separated?
I'm turning 62 in about 4 months and planning to file for Social Security benefits. Here's my situation - I'm currently separated from my husband (not legally divorced), and he's about 3 years younger than me (so he's around 59). I know he's earned significantly more than me throughout our working years, and I'm wondering if I can collect spousal benefits based on his record even though we're separated? Also, since he hasn't filed for his benefits yet (being younger), does that affect my ability to claim on his record? I've tried calling SSA but haven't gotten clear answers. Any insights from those who've navigated similar situations would be really helpful!
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AstroAce
You cannot claim spousal benefits based on your husband's record until he files for his own retirement benefits. This is what's called the "deemed filing" rule that's been in effect since 2016. Since he's only 59, he's not eligible to file for at least another 3 years (at age 62). Your options now would be: 1. File for your own retirement benefits at 62 (with a permanent reduction of about 30% from your full retirement age amount) 2. Wait until your full retirement age (probably 67) for your full benefit amount 3. Wait until your husband files for his benefits, then you can file for spousal benefits if they would be higher than your own The good news is that being separated doesn't disqualify you from spousal benefits - you would need to be divorced or remarried to lose eligibility. But you do need to have been married for at least 1 year to qualify for spousal benefits.
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Ethan Clark
•Thank you for explaining this! So even though we're separated, I still need to wait until he actually files for his benefits before I can claim any spousal amount? That's disappointing since he probably won't file for years. Is there any way to estimate how much more I might get from spousal benefits versus my own record to decide if it's worth waiting?
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Yuki Kobayashi
my sister was in a similar situation!!! she ended up just taking her own benefit at 62 cuz her ex (they were separated 4 yrs) wasn't gonna file till way later. just remember u ONLY get 50% of his benefit as a spouse and thats if u wait till YOUR full retirement age... if u take spousal at 62 its even LESS like 35% i think??? something to consider
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Ethan Clark
•That's a really good point about the reduction. I hadn't thought about that - so if I claim spousal benefits early, they'd be reduced just like my own benefits would be. Seems like I need to do some calculations to see what makes the most sense. Thanks for sharing your sister's experience!
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Carmen Vega
WAIT! If you're still married but separated, you might want to consider getting legally divorced before filing. After a divorce, if you were married 10+ years, you CAN claim on his record even if he hasn't filed yet once you've been divorced for 2 years! This is called the "divorced spouse" benefit and it has different rules than current spouse benefits. SSA never explains this properly!!!
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Andre Rousseau
•This is partially correct but needs clarification. If you divorce after 10+ years of marriage, you can claim on your ex's record when you're both eligible for benefits (generally age 62+), and you don't need to wait for them to file IF you've been divorced for at least 2 years. However, you still cannot claim before your ex is eligible for benefits (age 62), regardless of whether they've actually filed. Also important: divorced spouse benefits are still subject to the same early filing reductions. Filing at 62 would mean approximately 32.5% reduction from the full 50% spousal benefit amount.
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Zoe Stavros
have you checked your own SS benefit amount? you might be surprised - lots of women assume their husbands benefit is way higher but sometimes its not that big a difference especially if you worked most of your life. check your statement on mySocialSecurity account before making any decisions.
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Ethan Clark
•I tried logging in to mySocialSecurity but keep getting locked out. I know I worked about 28 years total, with some breaks when our kids were young. I think my benefit is around $1,400 at full retirement age, so probably about $980 if I take it at 62. But I honestly don't know what his would be.
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Jamal Harris
I was having the EXACT same login problems with mySocialSecurity! Kept getting locked out and could never get through on the phone. I found this service called Claimyr (claimyr.com) that got me connected to a real SSA agent in about 15 minutes instead of waiting on hold for hours. They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU. The agent was able to help me with both the login issue AND gave me estimates for my own and spousal benefits so I could compare. Totally worth it after spending days trying to get through on my own.
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Yuki Kobayashi
•did this actually work??? i've been trying to reach someone at SS for weeks!!
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Jamal Harris
•Yeah it did! I was skeptical too but I was desperate after trying for over a week to get through. The agent I spoke with was able to verify my identity and help me reset everything, plus answer all my benefit questions.
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GalaxyGlider
Please be aware that if you claim your own benefit at 62 and later switch to spousal benefits when your husband files, your spousal benefit will be reduced because you claimed your own early. This is because of the "deemed filing" rules. Basically, you can't get your full spousal amount if you take your own retirement early. The reduction is permanent and affects BOTH benefits. So many people don't realize this and are disappointed with their final benefit amount. I'd strongly recommend speaking with an SSA representative to get a proper calculation based on your specific situation.
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Ethan Clark
•Oh wow, I had no idea the early filing reduction would affect my future spousal benefits too. This is getting complicated. I definitely need to speak with someone at SSA to understand all these ramifications. Thank you for this important information!
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Yuki Kobayashi
another thing to think about - how long have u been married? if its not 10 years yet and ur heading for divorce u might want to wait till u hit 10 years before finalizing anything
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Ethan Clark
•We've been married for 23 years, so thankfully that's not an issue. But that's a really good point for others in similar situations who might be close to that 10-year mark!
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Andre Rousseau
Here's a summary of your options: 1. File for your own retirement at 62 (approximately 30% reduction) 2. Wait until your husband is eligible (62) AND files for his benefits, then file for spousal benefits 3. Consider divorce if appropriate (after 10 years of marriage) which could allow you to claim on his record once he's 62 even if he hasn't filed 4. Wait until your Full Retirement Age to avoid reductions If you expect to receive spousal benefits eventually, consider whether the extra money from filing early on your own record will offset the permanent reduction to both benefits. This calculation depends on your life expectancy and financial needs. For specific estimates, you'll need to know: - Your Primary Insurance Amount (PIA) at Full Retirement Age - Your husband's approximate PIA - Your exact birth date to determine your FRA and reduction percentages
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Ethan Clark
•This is so helpful - thank you for laying out all my options clearly. I think I need to find out what my husband's PIA would be to make an informed decision. I'll try to get through to SSA for specific numbers. Based on everyone's advice, I'm leaning toward taking my own benefit now at 62 since I could really use the income, and then possibly switching to spousal later if it makes financial sense, even with the reduction.
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