Can I get Social Security spousal benefits if my husband is past FRA but still working and hasn't filed?

I hate to be the bearer of bad news, but you generally cannot collect spousal benefits until your husband actually files for his own retirement benefits. This is one of the most misunderstood rules with Social Security. Prior to 2016, there was a strategy called "file and suspend" that would have allowed this, but that loophole was closed by Congress with the Bipartisan Budget Act of 2015. Your husband would need to file for his retirement benefits to trigger your eligibility for spousal benefits. The good news is that since he's already past his FRA, he could file for benefits now without any reduction. And if he continues working, it won't reduce his benefit amount - in fact, his earnings might increase his benefit if they're higher than previous years. If he's not ready to file yet, you might want to discuss a strategy where he files to enable your spousal benefits, but then voluntarily suspends his own payments to earn delayed retirement credits until he's ready to fully retire.

my sister had this EXACT same problem!!! she ended up having to wait till her husband filed. something about the rules changing in 2015 or 2016 i think.

To answer your follow-up question - if your husband files and then suspends his benefits (which he can do since he's past FRA), you would NOT be able to collect spousal benefits during his suspension. This is precisely what changed with the 2015 law. Before 2015, someone could file for benefits (establishing eligibility for spouses) and then immediately suspend to earn delayed credits - allowing the best of both worlds. Now, when someone suspends their benefits, all benefits based on that record (including spousal) are also suspended. You have a few options to consider: 1. Your husband could file now, enabling your spousal benefits. He'd get less than if he waited until 70, but you'd get your spousal benefits for those additional years. 2. Wait until he's ready to file (up to age 70), maximizing his benefit but delaying your spousal benefits. 3. Run the numbers to see if option 1 or 2 produces more total household benefits over your expected lifetimes.

I went through something similar with my wife. Your spouse MUST file for his benefits before you can get spousal benefits - no exceptions anymore! We had to make the same decision - have me file earlier than planned so my wife could get her spousal benefits, or wait to maximize my benefit. One thing to consider: if your husband has a significantly higher benefit and you expect him to live a long time, it might be worth waiting. His higher benefit becomes YOUR survivor benefit when he passes away. But if you need the money now or have health concerns, getting benefits sooner could make more sense. If you need help figuring out the exact numbers, trying to reach SSA is a nightmare these days. I spent WEEKS trying to get through on the phone. Finally used this service called Claimyr (claimyr.com) that got me connected to a real agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Totally worth it to get actual answers from SSA about our specific situation rather than general online advice.

There's one exception nobody has mentioned yet - if you're caring for your husband's child who is under 16 or disabled, you could potentially get spousal benefits even if he hasn't filed. But I'm guessing that doesn't apply to your situation. Also, are you SURE you don't qualify for your own benefits? Even with limited work history, you might be surprised. If you have at least 40 quarters (10 years of work), you qualify for your own retirement benefit. Even if it's small, it might be worth checking. Some people forget about jobs they had when they were younger or don't realize certain types of work counted toward Social Security.

The advice here is correct but SO FRUSTRATING! I'm in a similar position - hadn't worked enough quarters and my husband wanted to wait until 70 to claim. We did the math and determined that it made more sense for him to claim at 67 and 8 months so I could get my spousal benefit. We're better off financially now, but the system really penalizes couples where one spouse didn't work outside the home enough to qualify on their own record. It feels like we're forced into suboptimal choices!

@jrtexas - Yeah, Claimyr does work. I was skeptical too but after being on hold with SSA for 3+ hours and getting disconnected TWICE, I tried it. They don't answer your SS questions themselves - they just get you through to an actual SSA agent quickly. The agent I spoke with was super helpful and ran calculations for our specific situation so we could make an informed decision.

my husband and i faced this same dilemma last year and we decided to have him file at 68 instead of waiting till 70 so i could get my spousal benefits. in our case it worked out better to get both payments earlier rather than waiting for the maximum. every situation is different tho!!

To help with your calculation, here's a simplified approach: 1. Calculate what your husband's benefit would be if he files now vs. at age 70 (approximately 8% increase per year after FRA) 2. Calculate your spousal benefit (generally up to 50% of his FRA benefit amount) 3. Multiply your spousal benefit by the number of months you'd be receiving it if he files now versus waiting 4. Compare the total household benefits over your expected lifetimes under both scenarios For example, if your husband's FRA benefit is $2,500 and filing at 70 would give him $3,300: - If he files now: He gets $2,500/month, you get $1,250/month (total $3,750/month) - If he waits: He gets $0 now but $3,300/month at 70, you get $0 now but $1,250/month at 70 If you're deciding between these options for a 3-year period, that's 36 months of combined benefits you'd be giving up by waiting, which is a substantial amount to potentially offset the higher later payments. The calculation becomes more complex when considering life expectancy, but this gives you a starting point.

just want to point out something nobody mentioned - when ur husband files makes NO difference to your spousal benefit amount!! your spousal benefit is based on his PRIMARY INSURANCE AMOUNT (his benefit at full retirement age), not whatever benefit he actually receives when he files. so if his PIA is $2000, your max spousal is $1000 (50%) whether he files at 62, 67, or 70!!!

The previous commenter is absolutely correct, and it's an important point that's often misunderstood. Your spousal benefit is based on 50% of your husband's Primary Insurance Amount (PIA), which is his benefit at full retirement age - NOT the increased amount he would get by delaying beyond FRA. So from a spousal benefit perspective, there's no advantage to your husband waiting to file beyond his FRA, as your benefit amount won't increase. This is different from survivor benefits, which ARE based on the actual amount he was receiving (including any delayed retirement credits). Given this information, if your financial situation allows it, it often makes mathematical sense for the higher-earning spouse to file at FRA if the other spouse is eligible for spousal benefits only. The exception would be if there are strong reasons to maximize the survivor benefit (e.g., significant age difference or health considerations).