Filing for Social Security at 64 with tax-delinquent spouse - Will filing separately affect my SS benefits?

Your tax filing status (married filing separately) doesn't directly affect your Social Security benefit amount - those are calculated based on your own work record and earnings history. However, there are some important considerations: 1. Up to 85% of your Social Security benefits may be taxable depending on your income. Filing separately often results in a lower threshold for taxation of benefits compared to filing jointly. 2. Your husband might be eligible for spousal benefits based on your record if they would be higher than his own benefits. This is true regardless of your tax filing status - it's based on your marriage, not how you file taxes. 3. The IRS can garnish Social Security benefits for tax debt, but only up to 15% through the Federal Payment Levy Program. Since you've kept finances separate and file separately, your benefits should be protected from his tax issues. I'd recommend consulting with a tax professional who specializes in Social Security issues to review your specific situation before you file in January.

my cousin had almost the EXACT same situation!!! her husband never paid taxes for like 10 years from his contracting business and she was worried sick about it. she did the same thing with filing separate. when she started SS last year they never even asked about her husbands tax stuff. she gets her full amount no problem!

Several things to understand here: 1. Your filing status affects how your benefits are taxed, not the benefit amount itself. With MFS, up to 85% of your SS benefits become taxable at income above $0, while joint filers have a higher threshold ($32,000). 2. Regarding your husband potentially claiming on your record: If his Primary Insurance Amount (PIA) is less than 50% of yours, he could be eligible for additional spousal benefits to make up the difference. However, since he's already claiming his own benefits and is past Full Retirement Age (FRA), this would be automatic if he qualifies - it doesn't reduce your amount. 3. Your benefits are protected from his tax liabilities as long as you maintain separate filing status and separate finances. 4. If the IRS does pursue your husband, they could potentially garnish up to 15% of his SS benefits, but this wouldn't affect yours. The key protection strategy you've already implemented is filing separately. Continue doing that for 2025 and beyond.

Social Security is a DISASTER with these kinds of situations!!! My brother-in-law had unfiled taxes for YEARS and when the IRS finally caught up with him, they took 15% of his benefits EVERY MONTH for like 4 years!!!! It's RIDICULOUS how they can just TAKE your money after you worked your whole life!!!! You're smart to keep everything separate - DONT let them connect anything if you can avoid it!!!

I went through something similar when filing for benefits last year. Trying to get answers from Social Security directly was IMPOSSIBLE. I spent weeks trying to get someone on the phone - always disconnected or on hold for hours. I finally found a service called Claimyr (claimyr.com) that got me connected to an actual SSA representative in under 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent I spoke with confirmed that keeping separate tax filing status was the right move in my situation with similar tax concerns. They explained that while my husband could potentially claim spousal benefits based on my record, my own benefit amount wouldn't be reduced. Having that conversation directly with SSA gave me peace of mind that I was protecting myself properly.

random question but when u file separately doesnt that mean u pay more in taxes overall? just curious if youve calculated if thats worth it versus the protection it gives u

To answer your follow-up question: The spousal benefit adjustment wouldn't be automatic when you file. If your husband might qualify for additional benefits based on your record, he would need to contact SSA once you've filed for your benefits. The SSA would then calculate if he's entitled to an additional amount. This is called a "deemed filing" situation. Since he's already receiving his retirement benefits and is well past his FRA (Full Retirement Age), he would essentially receive the higher of either: 1. His own benefit amount, OR 2. 50% of your PIA (Primary Insurance Amount) - unreduced because he's past FRA If #2 is higher, he would receive a combination benefit that equals the higher amount. This doesn't reduce your benefit in any way. It's simply a potential additional amount for him based on your earning record. If you're concerned about this, you can discuss it with SSA when you file in January. They can provide specific calculations based on both your earning records.

another thing my cousin found out - after she started getting her benefits, her tax preparer told her to run the numbers BOTH ways (joint and separate) each year because sometimes it changes which is better depending on your income! her husband finally started catching up on back taxes so they might actually file joint this year

i just went thru this!! filed for ss in december and my husband has tax issues too. the ssa doesnt care how u file taxes they just look at ur earnings record. but u should talk to a tax person bcuz the thresholds for paying taxes on ur benefits are different when filing separate

super simple! they only asked about MY work history and earnings. they didnt even ask about my husband except to verify i was married. just bring ur marriage certificate, birth certificate, and photo id when u go. the whole thing took like 30 min and most of that was just waiting