Excess earnings hit on Social Security - will SS take from spouse when filing taxes jointly?
I'm in a complicated situation with my Social Security benefits and need advice. I started taking my retirement benefits at 62, but at 64 I returned to my previous employer full-time. For 2025, I'll be over the earnings limit by about $50K. I know I'll have to repay some benefits, but I'm worried about how this affects my tax filing status. If I file jointly with my current husband, will the SSA take some of HIS benefits to cover what I owe them? We both collect on our own earnings records. I'm asking because my ex-husband and his new wife both had their checks completely withheld when he went over the earnings limit in 2024 - even though she draws on his record. Should I file married filing separately to protect my husband's benefits? Has anyone dealt with this situation before? I'm so confused about how the SSA handles this during tax season!
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Jade Santiago
This is a common concern, but your situation differs from your ex-husband's. When someone exceeds the earnings test limit, SSA only withholds benefits from people collecting on the SAME earnings record. Since you and your current husband collect on your own individual records, only YOUR benefits would be affected by YOUR excess earnings. Your ex-husband's new wife likely draws spousal or auxiliary benefits based on his work record, which is why both payments were affected. You don't need to file taxes separately to protect your husband's benefits. Joint filing status doesn't change how SSA handles the earnings test withholding. The withholding is based on whose record the benefits are paid from, not how you file taxes.
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Lauren Johnson
•Thank you so much for explaining this! So since we both collect on our own records, only my benefits will be affected? That's a huge relief. I was so worried we'd both lose our benefits like what happened with my ex and his wife.
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Caleb Stone
had the same thing happen with my husban he went back too work 3 years ago and made to much $ and they took HIS money back but not MINE because i worked and got my own ss check. your fine to file joint taxes because thats IRS stuff and the SSA is different system that doesnt care how you file!
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Lauren Johnson
•That's so helpful to hear from someone who went through it! So the SSA and IRS don't really coordinate on this kind of thing? I was imagining them taking money directly from our tax refund or something.
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Daniel Price
You need to understand that Social Security and IRS operate independently. When you earn over the limit, SSA withholds benefits at approximately $1 for every $2 earned above the threshold. This withholding ONLY affects beneficiaries drawing on the earnings record of the person who exceeded the limit. Your ex-husband's situation proves this point: his wife's benefits were withheld because she draws on HIS record. But your current husband draws on his OWN record, so he's safe. Be aware that Social Security will send you a notice in early 2026 about your 2025 overpayment. They'll either ask for repayment or withhold future benefits until the overpayment is recovered. I had to call the SSA 8 times last year to sort out an earnings test issue. If you need to call them, I recommend using Claimyr (claimyr.com) - they helped me bypass the wait time and connected me directly to an agent. You can see how it works in their video: https://youtu.be/Z-BRbJw3puU
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Olivia Evans
•8 CALLS?? omg that would drive me INSANE!! Did that Claimyr thing actually work? I'm still waiting to hear back from SSA after calling 3 weeks ago!
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Sophia Bennett
Just throwing this out there, but has anyone actually verified that the SSA won't go after both spouses if you file jointly? I mean, the government always finds a way to get their money and I wouldn't put it past them. I've been dealing with these people for YEARS and they always surprise me with new ways to take my money!!! 😡
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Jade Santiago
•That's not how the Social Security earnings test works. The withholding is strictly based on which earnings record the benefits are drawn from, not your tax filing status. The SSA doesn't gain additional collection powers based on how you file your taxes. These are separate systems with different rules. The only connection is that the IRS shares income information with SSA to determine if you exceeded the earnings limit.
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Aiden Chen
To add some technical clarity: The Annual Earnings Test (AET) applies to individuals receiving benefits before Full Retirement Age (FRA) who earn over the threshold ($22,320 for 2025 if you're under FRA for the full year). When benefits must be withheld due to excess earnings, Social Security follows CFR §404.434, which specifies that deductions are made only from benefits payable on the earnings record of the person who exceeded the limit. Your filing status with the IRS has absolutely no bearing on how Social Security applies the earnings test. The married filing separately option would only potentially benefit you if there were tax advantages, but it won't change how SSA handles your benefit repayment. The confusion often stems from auxiliary benefits (spouses, children, etc.) that are paid from the same earnings record. In your ex-husband's case, his new wife likely receives spousal benefits on his record, which is why both were affected.
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Lauren Johnson
•Thank you for such a detailed explanation! This is exactly what I needed to understand. I was getting so stressed thinking about potentially losing both our benefits. So to clarify - when I go over the earnings limit in 2025, they'll only take money from MY future benefits, not touch my husband's, regardless of how we file our taxes?
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Zoey Bianchi
wait i'm confused... does this mean if I make too much $$ working that they'll take my husbands SS too?? We both collect SS but he gets wayyy more than me because I stayed home with kids for 10 years. do I need to stop my part time job??
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Aiden Chen
•It depends on whether you're receiving benefits on your own record or as a spouse on your husband's record. If you collect your own retirement benefits based on your work history, then only your benefits would be affected by your earnings. If you receive spousal benefits on your husband's record, then your benefits could be reduced based on your earnings, but his benefits would remain unaffected. The key is understanding which earnings record your benefits are based on, not simply who makes more money.
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Caleb Stone
My sister went thru this and she said the problem was that her husband collected SS on HER record not his own thats why they both got hit when she made to much $. if ur hubby gets his own check based on his own work then ur fine!!!!
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Daniel Price
•This is exactly right. The critical factor is which earnings record the benefits are paid from, not the tax filing status. If benefits are paid from the same earnings record (like a worker and their spouse who receives spousal benefits), then excess earnings by the worker affects both payments.
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Lauren Johnson
Thank you all for the helpful responses! I feel much better understanding that our tax filing status doesn't affect how Social Security handles the earnings limit. I'll file jointly with my husband since it won't put his benefits at risk. I'm still worried about how much they'll take from my benefits next year, but at least I know it won't affect my husband. Does anyone know if they just withhold future payments or do they sometimes send a bill asking for the money back in a lump sum?
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Jade Santiago
•Typically, SSA will give you options. They usually prefer to withhold future monthly payments until the overpayment is recovered. However, you can request to pay it back as a lump sum if that works better for you. If the withholding would cause financial hardship, you can also negotiate a lower monthly recovery rate. Just be aware that withholding stops once you reach your Full Retirement Age - after that, the earnings test no longer applies.
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