Can my husband claim Social Security spousal benefits for 5 months before switching to his own at age 70?
My husband and I are both planning to wait until 70 to maximize our Social Security benefits, but we realized there might be a small loophole we could use. I turn 70 in April 2025 and will start my retirement benefits then (about $3,450/month). My husband doesn't turn 70 until September 2025. We're wondering if he could claim spousal benefits based on MY record just for those 5 months (April through August), and then switch to his own higher benefit when he turns 70 in September? Would this work or would it mess up his ability to get his maximum benefit? Has anyone done something similar? I don't want to make a mistake that costs us money in the long run!
16 comments
Ashley Adams
Unfortunately that won't work the way you're hoping. Due to the deemed filing rules that went into effect in 2016, your husband can't just take spousal benefits without also filing for his own benefits at the same time. If he files for spousal benefits before 70, he'll be forced to take his own benefits too, which would permanently reduce them from the maximum amount.
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Zoe Gonzalez
•Oh no, that's disappointing! So there's really no way for him to get any benefits during those 5 months without ruining his maximum benefit at 70? That seems unfair somehow.
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Alexis Robinson
The previous commenter is correct. The option to file a "restricted application" for just spousal benefits was eliminated for anyone born after January 1, 1954. Since you and your husband were born after that date (turning 70 in 2025), the deemed filing rule applies. This means if your husband files for ANY benefit before age 70, he'll automatically be deemed to have filed for ALL benefits he's eligible for - including his own retirement benefit - which would permanently reduce his payment. The only exception would be if your husband had already started receiving Social Security disability benefits or if he was caring for your child under 16 - neither of which seems to apply in your situation.
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Zoe Gonzalez
•Thank you for explaining this so clearly. We definitely don't want to reduce his lifetime benefits. I guess we'll just have to be patient for those 5 months. Is there any other strategy we should consider?
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Aaron Lee
My sister tried 2 do something similar last year and it backfired BIG TIME!! She filed for spousal early thinking she could switch later and now her benefits are permanently lower. DON'T DO IT!!
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Chloe Mitchell
If maximizing lifetime benefits is your goal, you're already on the right track by both waiting until 70. Those 5 months of potential spousal benefits wouldn't come close to making up for even a small reduction in your husband's maximum benefit over your expected lifetimes. One thing to consider: Have you confirmed which of you has the higher benefit? If your husband's benefit will be substantially higher than yours, and if either of you has health concerns, there might be different strategies to consider. The higher earner's benefit becomes the survivor benefit when one spouse passes away.
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Zoe Gonzalez
•Yes, my husband's benefit will be about $3,950 compared to my $3,450. We're both in reasonably good health, which is why we decided to maximize both benefits by waiting. I appreciate you mentioning the survivor benefit aspect - that was part of our thinking too.
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Michael Adams
Have you actually TALKED to anyone at SSA about this??? I tried calling them for WEEKS about a similar question and could never get through. The website was useless for my specific situation too.
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Natalie Wang
•I had the same problem trying to reach SSA about my benefits question. After wasting hours on hold and getting disconnected, I finally used this service called Claimyr (claimyr.com) that got me connected to a real person at SSA in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU It saved me so much frustration, especially since I needed a specific answer about my filing strategy that wasn't clear on the website.
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Noah Torres
ppl on this forum always make things so complicated!!! just tell SSA you want the most money possible and they'll figure it out for you!!! thats what they get paid for!!!
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Chloe Mitchell
•I respectfully disagree. SSA representatives will process whatever you apply for, but they generally don't provide comprehensive financial planning advice or compare lifetime benefit scenarios. They'll explain rules if asked specific questions, but ultimately, filing decisions are the responsibility of the beneficiary. That's why understanding these rules before filing is so important.
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Aaron Lee
Wait I'm confused about something... if the husband files for his own benefits at 70 in September, can he still get the spousal benefit too if it's higher? Or does he just get whichever is higher? SS is so confusing!!
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Alexis Robinson
•He'll only receive the higher of the two amounts. Since his own benefit at age 70 ($3,950 according to a previous comment) is higher than any spousal benefit would be (maximum spousal is 50% of the other spouse's PIA, which would be less than his own), he would just receive his own retirement benefit. He doesn't get both added together.
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Ashley Adams
Back to the original question - one thing no one mentioned is that if your husband filed for spousal benefits before 70, he wouldn't even get the full spousal amount because he'd be filing early for his spousal benefit. So not only would he permanently reduce his own benefit, but the spousal benefit for those 5 months would be reduced too. Double penalty!
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Zoe Gonzalez
Thanks everyone for your helpful responses! I think we have our answer - my husband should just wait until he turns 70 in September 2025 to file for his benefits and not try to get spousal benefits during those 5 months. It's disappointing that we can't take advantage of this small window, but I understand it's more important to maximize his lifetime benefit. I appreciate all the information!
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Chloe Mitchell
•That's definitely the right decision for maximizing your lifetime benefits. Those 5 months might seem like a long time to wait, but over the course of your retirement, the higher monthly amount will more than make up for it. Best of luck with your retirement planning!
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