Can my husband collect Social Security on my record if I haven't filed yet? (Spousal benefits question)
I'm really confused about spousal benefits and need some clarification. I'm 63 and haven't started collecting Social Security yet because I'm still working part-time. My husband just started collecting his retirement benefits three months ago when he reached his full retirement age. His benefit amount is around $2,850 monthly, while mine would only be about $1,100 if I claimed now. Here's where I'm confused - my husband mentioned he might stop working next year and wanted to know if he could collect spousal benefits on MY record instead of his own. But how would that even work if I haven't filed for my own benefits yet? Wouldn't my benefit amount be lower than his anyway? I thought the spouse with the lower benefit could collect on the higher earner's record, not the other way around. Does anyone understand how this works? Are we misunderstanding something fundamental about spousal benefits?
13 comments
CosmicCaptain
Your husband has a fundamental misunderstanding of how spousal benefits work. The higher-earning spouse cannot claim spousal benefits on the lower-earning spouse's record - it only works the other way around. Since his benefit ($2,850) is significantly higher than your potential benefit ($1,100), you could potentially claim spousal benefits on HIS record (up to 50% of his FRA amount), but he cannot claim on yours. Also important: for you to claim spousal benefits, you must file for your own retirement benefits first. This is called "deemed filing" - when you apply for either retirement or spousal benefits, you're deemed to have applied for both. The SSA will then pay you the higher amount. Hope this helps clear things up!
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Emma Davis
•Thank you so much! I thought we had it backwards but wasn't sure. So just to confirm - there's no way for him to increase his benefit by using my work record? And if I filed at my current age (63), I'd get my own $1,100 plus potentially some spousal supplement?
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Malik Johnson
ur husband can't do that lol. only the lower-earning spouse gets spousal benefits. sounds like thats YOU not him. he's stuck with what he's got but YOU could get up to half his benefit if that's more than your own. but u have to file for ur own first.
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Emma Davis
•Thanks for explaining it so clearly! I guess we were completely misunderstanding how this works. So he's basically locked into his current benefit now that he's filed.
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Isabella Ferreira
I went through something similar with my wife last year. Your husband might be thinking of the old "file and suspend" strategy, which allowed a higher earner to file for benefits, have their spouse claim spousal benefits, and then suspend their own benefits to earn delayed retirement credits. But that loophole was closed by Congress in 2015. The only way your husband could potentially get a higher benefit now would be if he was eligible for survivor benefits from a deceased former spouse or disability benefits. Otherwise, he's already locked into his retirement benefit amount (with annual COLA increases).
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Emma Davis
•That makes sense! He might have been reading outdated information online. Neither of us has been married before, so no survivor benefits would apply. I appreciate you explaining about the old "file and suspend" strategy - that might be what confused him.
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Ravi Sharma
The previous responses are correct. To understand this better, there are a few key Social Security rules to know: 1. Spousal benefits are always based on the HIGHER earner's record, never the reverse 2. Spousal benefits max out at 50% of the higher earner's FRA benefit 3. Since 2016, deemed filing means anyone born after 1/1/1954 must file for their own benefits when filing for spousal benefits 4. The spouse MUST have filed for their benefits before anyone can claim spousal benefits on their record In your case, since your husband has already filed, YOU could potentially receive spousal benefits if you filed now, but your benefit would be reduced for claiming early (before your FRA). And your husband cannot receive benefits on your record since his own benefit is higher. If you wait until your FRA to file, you could receive the maximum spousal benefit (potentially boosting your $1,100 benefit with a spousal supplement).
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Emma Davis
•This is incredibly helpful - thank you! So if I understand correctly, if I waited until my FRA, I could get my own benefit ($1,100) plus potentially some additional amount to get me closer to 50% of his benefit? Is that right?
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Freya Thomsen
My wife works for SSA and I just asked her about this. She says your husband is COMPLETELY WRONG! Once you choose your benefit at FRA, you're basically locked in (except for COLA increases). He can't switch to your record - especially since your benefit is lower AND you haven't even filed yet!!! The only way to increase his benefit now would be to withdraw his application within 12 months of filing (paying back ALL benefits received) or to return to work with substantial earnings that might increase his benefit calculation. But he CANNOT get spousal benefits based on your lower earnings!
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Emma Davis
•Thank you for checking with your wife! That's very clear now. I think my husband just misunderstood how spousal benefits work. I'll let him know he can't change to my record. Sounds like he's basically locked into what he's getting now.
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Omar Zaki
Calling SSA directly would clear this right up, but good luck getting through to them! I spent DAYS trying to reach someone when I had a similar question about my husband's and my benefits. Always busy signals or disconnects after waiting on hold forever.
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AstroAce
•I feel your pain! I had the same issue trying to reach SSA about my spousal benefits. After getting nowhere for weeks, I found this service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU It was worth it to finally talk to someone who could answer my specific questions. The agent explained exactly how the spousal benefit calculation would work in my situation and confirmed I was eligible for the higher amount.
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Emma Davis
Thank you everyone for all the helpful responses! I understand now that my husband had it completely backwards. He cannot claim on my record, especially since my benefit would be lower than his. I'm the one who could potentially receive spousal benefits. I think I'll wait until I'm closer to my full retirement age before filing since I'm still working part-time anyway. That way I can avoid both the early filing reduction and the earnings limit penalty. I appreciate all the clear explanations!
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