Can my wife claim spousal top-off after WEP elimination if I claim Social Security before FRA?
My wife (78) has been collecting Social Security since she turned 70, and her benefits were reduced by WEP. Now with the WEP elimination, I'm trying to figure out if she can get a spousal top-off based on my record. I'm turning 66 in about 13 months (my FRA), but considering starting my benefits early. I'm really confused about how this would work. If I claim 13 months before my FRA: 1. Would her spousal top-off still be calculated based on my FRA benefit amount, or would it be based on my reduced amount? 2. Does my wife need to submit a separate application for the spousal top-off? The SSA website only shows spousal applications for people who've never applied for benefits. 3. Should we wait until the WEP adjustment process is more settled before applying? We've been married for 12 years, and I'm not subject to WEP myself. Any guidance would be really appreciated - especially links to the right forms or specific names of what we need to apply for.
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Hugo Kass
Hey, my husband and I just went through something similar. The spousal top-off is always based on the higher-earner's PIA (Primary Insurance Amount), which is the amount at FRA, not when either of you actually applied. So even if you take your benefits early, her top-off amount is calculated on your full FRA amount. But she DOES need to apply separately - we didn't know that and missed out on 6 months of payments! Call the SSA directly because the website is useless for this situation.
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Simon White
•Thanks for sharing your experience! Did you have to wait a long time to get through to someone at SSA? And do you know if they made the spousal top-off retroactive, or did you just lose those 6 months completely?
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Nasira Ibanez
i think ur mixing things up. spousal benefits r different from the WEP adjustment. my mom got a letter about her WEP adjustment coming automatically. but spousal topoff is separate thing. gotta call SSA to figure it out but good luck getting thru lol
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Simon White
•You're right that they're separate issues, but they're related in our case because her WEP reduction affected her overall benefit amount, which now affects how much she might get from a spousal top-off. And yeah, I'm dreading trying to get through to someone!
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Khalil Urso
To accurately answer your questions: 1. Your wife's spousal benefit top-off would be based on your PIA (benefit at FRA), not your reduced amount if you claim early. However, the maximum she can receive in combined benefits is 50% of your PIA minus her own PIA (before WEP adjustments). 2. Yes, she must file Form SSA-2 (Application for Wife's or Husband's Insurance Benefits) specifically for the spousal benefit. This isn't automatic, even after WEP elimination. 3. Regarding timing, I'd recommend filing now. The WEP elimination is being processed, but spousal benefits are a separate calculation. The SSA will adjust her benefits retroactively once WEP elimination is fully implemented. Length of marriage only matters if you're divorced (10 years required) or applying for survivor benefits (9 months minimum in most cases). Since you're currently married, that's not an issue.
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Simon White
•This is incredibly helpful, thank you! Do you know if there's any way to submit the SSA-2 form online, or do we need to call/visit an office? And would there be any advantage to waiting until after the WEP adjustments are reflected in her benefit amount before applying for the spousal top-off?
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Myles Regis
Don't trust what ANYONE tells you about this stuff online!! I was told the same exact thing about my wife's benefits and we ended up losing THOUSANDS because of bad advice. Every situation is unique and SSA reps are the ONLY ones who can see your actual records. Even they mess up half the time. GET AN APPOINTMENT IN PERSON if you can.
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Brian Downey
•I understand your frustration, but there are some consistent rules that apply across cases. That said, you make a valid point about getting personalized advice. For the original poster: If you're having trouble reaching the SSA by phone, I've used Claimyr (claimyr.com) with great success. They connect you directly to an SSA agent, usually within 20 minutes instead of waiting for hours. They have a video showing how it works here: https://youtu.be/Z-BRbJw3puU It saved me a tremendous amount of time when dealing with my own spousal benefit questions.
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Jacinda Yu
Your wife might actually get LESS after the WEP elimination in some cases!!! This happened to my sister. The WEP elimination increased her own benefit, but then decreased her spousal top-off by the same amount so the total stayed exactly the same. It's like they're determined to not pay people more money no matter what. The whole system is designed to confuse people so they don't get what they're entitled to!
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Landon Flounder
•That's not exactly how it works. The total combined benefit maximum doesn't change - it's always going to be the higher of either her own benefit or up to 50% of your benefit. If her own benefit increases from the WEP elimination, then yes, the spousal portion would decrease to maintain the same maximum. It's not some conspiracy - just how the formulas work.
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Hugo Kass
One thing nobody mentioned - if you file 13 months early, your benefits will be permanently reduced by about 7.2% (0.56% per month). Make sure that makes financial sense for your situation before doing it. Sometimes it's better to wait, especially if you're in good health and expect to live past 82 or so. This won't affect her spousal benefit calculation though - that's still based on your full PIA.
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Simon White
•That's a good point. I'm still weighing the early filing decision separately. We're trying to coordinate a bunch of other retirement factors, including some health considerations, so the calculation isn't straightforward. I appreciate you bringing up the reduction percentage though - helps to have the exact figure.
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Nasira Ibanez
btw the 10 year marriage thing DOES matter for spousal benefits too not just divorce! make sure you mention that when you call
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Khalil Urso
•This is incorrect. The 10-year duration requirement only applies to divorced spouse benefits. For currently married couples, you only need to be married for 1 year before applying for spousal benefits. The original poster's 12-year marriage more than satisfies this requirement.
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Brian Downey
To add to the excellent advice already provided: Once your wife applies for the spousal top-up, the SSA will calculate what's called the "excess spousal benefit." This is the difference between 50% of your PIA and your wife's PIA (not her reduced benefit amount). Since you mentioned your wife started claiming at 70, that's past her FRA, so she won't face any reduction in the spousal amount. However, the WEP elimination adjustment creates an interesting timing question. My suggestion: Have your wife contact SSA now to establish her intent to file for spousal benefits. This can protect her retroactive date while waiting for WEP adjustments to be fully processed. The SSA can set a protective filing date even if you haven't applied for your own benefits yet.
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Simon White
•Thank you - I didn't know we could establish a protective filing date for her spousal benefits before I even apply for my own benefits. That's extremely helpful! We'll definitely do that right away.
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