Can wife claim spousal benefits with husband at max SS benefit - both high earners?

Based on what you're describing, your sister-in-law probably won't qualify for any spousal benefits. When someone is a high wage earner themselves, their own benefit is typically higher than what they'd get as a spouse (which is 50% max of the other person's PIA). She should definitely focus on her own record. I went through this with my parents last year - both had good careers, and my mom got zero spousal benefits because her own record was higher. The spousal "excess" only kicks in when your own benefit is LESS than half of your spouse's.

My husband and I were in almost the same situation!!! I was also a high earner but still got a small spousal boost. Tell her to definitely check with SSA directly because sometimes the calculations are surprising. Everyone told me I wouldn't get anything extra but I did!

Whether your sister-in-law receives any spousal benefit depends entirely on the specific dollar amounts involved. Here's how it works: 1. SSA calculates her benefit based on her own work record (her Primary Insurance Amount or PIA) 2. SSA calculates her potential spousal benefit (which would be 50% of her husband's PIA - not his actual benefit amount) 3. If #2 is higher than #1, she gets her own benefit plus the difference ("excess") Since both are high earners, it's unlikely she'll receive any spousal excess, but the only way to know for certain is to compare the actual dollar amounts. She can create a my Social Security account online to see her estimated benefit, then compare it to half of her husband's PIA (which he can see on his SSA statement). It's also worth noting that claiming at her Full Retirement Age (66+) will give her 100% of her retirement benefit. Each year she delays past FRA until 70 increases her benefit by 8%.

I'm a high earner and my husband also gets max benefit. When I contacted SSA about this same question, they told me that spousal benefits are based on the PRIMARY INSURANCE AMOUNT, not the increased amount from delayed retirement credits. So even though your sister's husband is getting maximum benefits now (probably increased by delayed credits), the spousal calculation would be based on his PIA at full retirement age, which is lower. This tripped us up because we were comparing wrong numbers at first. But in the end, my own benefit was still higher than half of his PIA, so no excess spousal benefit for me.

i tried calling ssa about this exact situation for my parents and was on hold for 3 hours before getting disconnected!!! so frustrating. eventually i used a service called claimyr (claimyr.com) to get through to an actual agent in about 20 min. they helped my mom figure out she wasn't eligible for spousal benefits in her case because her own benefit was higher. saved us so much time and frustration! they have a video showing how it works https://youtu.be/Z-BRbJw3puU

Just to add something no one mentioned - if your sister-in-law's husband passes away (sorry to be morbid), THEN she would be eligible for survivor benefits which could be up to 100% of what he was receiving. That's different from spousal benefits while both are alive. Something to keep in mind for future planning since there's a 15-year age difference.

Your sister-in-law should definitely run calculations to determine her optimal claiming strategy regardless of spousal benefits. Since she's only 62, she has options: 1. Claim at 62: Permanently reduced benefits (approximately 30% reduction) 2. Claim at FRA (66 and 4 months if born in 1960): 100% of her PIA 3. Delay until 70: 132% of her PIA As a high earner, she might benefit most by waiting until 70 if her health and financial situation permit. This maximizes her lifetime benefit and potentially increases survivor benefits for her husband if she predeceases him (though less likely given the age gap). Since her husband is already 77, their claiming strategy is partially set. At this point, the spousal benefit question is mostly mathematical - if half his PIA exceeds her PIA, she'll get an excess spousal benefit. Given both are high earners, this is unlikely but worth checking with exact figures.

Has your SIL checked if she'd be subject to WEP or GPO??? My friend's wife thought she'd get spousal benefits too but got hit with the windfall elimination provision because she had a government pension!!! If your SIL worked for state govt or federal job without paying into SS, that could change EVERYTHING!!!!

Just wanted to share that I was in this exact situation - high earner husband, also good income myself. I got ZERO spousal benefits. My own benefit at FRA was about $2,800 and half of his PIA was only $1,900 so no excess for me. Probably same for your sister-in-law if she has a good earnings record.