The RetirementRevised Guide
to Social Security’s
Spousal and Survivor Benefits
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I receive many questions from readers about Social Security’s
spousal and survivor benefits. It’s not surprising - these are very
important features of Social Security that can create powerful
amplifying effects that boost lifetime benefits.
This guide answers the most frequently-asked questions I get on
spousal and survivor benefits.
Mark Miller
Editor/Publisher
RetirementRevised.com
When can I start receiving a spousal benefit?
As a spouse, you are entitled to receive the greater of your own benefit or half of your
spouse’s benefit.
If you have reached your full retirement age (FRA), you can choose to receive only your
spouse’s benefits and continue accruing delayed retirement credits on your own Social
Security record. You could then file for your own benefits at a later date and receive a
higher monthly benefit based on the effect of delayed retirement credits. However, a
spouse cannot elect to receive spousal benefits below his/her retirement age and later
switch to her own benefits.
Spousal benefits are reduced for those who file before their own FRA. For example, a
spouse whose FRA is 66 could receive 35 percent of the worker’s unreduced benefit at
age 62. The amount of the benefit increases at later ages up to the maximum of 50
percent at the FRA.
One exception: if a spouse is taking care of a child who is under age 16 or disabled
and gets Social Security benefits on your record, your spouse gets full benefits,
regardless of age.
The Social Security Administration website offers this example:
Mary Ann qualifies for a retirement benefit of $250 and a spouse’s benefit of $400. At
her full retirement age, she will receive her own $250 retirement benefit, and we will add
$150 from her spouse’s benefit, for a total of $400. If she takes her retirement benefit
before her full retirement age, both amounts will be reduced.
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Can I file for spousal benefits if my spouse (the higher earner) isn’t yet at the full
retirement age? If so, how much will my spousal benefits be reduced?
Assuming your spouse has already filed for benefits and your full retirement benefit is
less than 50 percent of your spouse’s full benefit, you can file for the spouse’s benefits
even though your spouse is not yet at the FRA. The amount of reduction is based on
your age at the time you claim the benefit.
Can I file for spousal benefits if my spouse isn’t receiving Social Security?
In general, the answer is “no”. However . . .
Until recently, there was one exception to that statement - the rules on so-called “file-andsuspend” and “restricted applications. These rules are being phased out as part of the bipartisan
budget deal signed into law by President Obama in November 2015.
Some people will still be able to use the rules through the end of April 2016, so here’s a look at
how it works, and who can still use the rules during this transition period.
First, the spouse with a higher benefit--typically the husband--files for his benefits at full
retirement age and then suspends them, continuing to accrue delayed retirement credits. That
sets the stage for the lower-benefit spouse to file for her spousal benefit but "restricting" the
application to a spousal benefit only (equal to 50% of her spouse's benefit). The restricted
application effectively delays the filing for her own benefit, allowing it also to continue earning
delayed retirement credits.
The phase-out prohibits new file-and-suspend claiming, starting six months after the legislation's
enactment (President Obama signed the law on Nov. 2). And it disallows restricted applications
for anyone who has not reached age 62 by the end of calendar-year 2015.
Since file-and-suspend is only available to workers who have reached full retirement age, it
remains available to workers who either already have turned 66, or will do so by the end of April,
2016. Couples who already have executed the strategy are unaffected by the new law.
Also, there likely will be a "long tail" of this type of filing stretching through 2019. The restricted
application is available only for people who have turned 62 by the end of calendar-year 2015,
which means an end to the practice of filing for a spousal benefit at your full retirement age and
shifting to a (larger) individual benefit later on.
For example, a 67-year-old husband with a spouse currently age 64 could file and suspend his
benefit now, before the window closes, then do nothing further for two years. Then, when the
wife turns 66, she can make a restricted application--take the spousal benefit now and convert
to her own larger benefit at 70.
The new rules also impact divorced spouses (see section below on the rules for claiming a
benefit on the record of a former spouse).
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Can my wife start collecting based on my account at age 62 and then switch to her own
account at age 66?
No, it’s not possible to switch if she files on her own account before her full retirement age.
If my wife (age 62) elects early retirement and collects Social Security on her own account, will
her spousal benefit be reduced when I (currently age 64) retire at 66 and begin collecting
benefits then?
Social Security will pay a person’s own benefit first, before paying the spouse’s benefit. Your
wife will not receive the full spouse’s rate because of her own benefit level, which is reduced as
a result of filing early. The Social Security Administration will add the spousal benefit to her own
benefit to arrive at her new, higher benefit amount.
Here’s an example, provided by the Social Security Administration:
Let’s say the wife’s Primary Insurance Amount (PIA) is $1,000. She files for her own benefit at
62 and receives a reduced retirement benefit of $750.
Her husband has a PIA of $2500. She is eligible to receive one-half of his PIA at her full
retirement age. $2500 (his PIA); divided by two, that equals $1,250 (This is the full spouse’s
rate). We will subtract the $1250 (the full spouse’s rate) – $1000 (her PIA)= $250.
Social Security will add that $250 to her reduced retirement benefit amount of $750 and her new
benefit amount at full retirement age will be $1,000, which is less than the full spouse’s rate.
If my wife has not worked full-time most of his or her life, can the spouse qualify for Medicare at
age 65, and does she get half of my Social Security?
If you are at least 62 years old, your wife becomes eligible at age 65 for Medicare based on
your employment record. She could receive the free Part A hospitalization coverage, and pay for
Part B medical coverage. On Social Security, she would be eligible to receive 50 percent of
your Social Security benefit at her own FRA. You can apply for Medicare online here.
Can my wife receive spousal benefits once I reach full retirement age even though she
will continue to work?
If your wife’s full Social Security benefit is less than 50 percent of your full benefit, she may be
eligible for spousal benefits on your record (assuming that you already have filed for benefits).
Since she is still working, there is a limit on how much she can earn and collect all benefits
payable.
My wife and I both just turned 66 and both decided to wait till 70 to collect. If the lower earner
elects to receive spousal benefits and delays collecting his own benefit until 70, would this
spousal benefit reduce his benefit? Do I have to file and suspend or do I do nothing but file for
the spousal benefit?
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Yes, you can file solely for the Spousal Benefit since you indicate that your wife has already filed
and suspended – you can then both file for your own retirement benefits at age 70. You don’t
need to (and should not) file and suspend – only file for the Spousal Benefit at this time.
Also – your decision to file for the Spousal Benefit would have no impact on your future
retirement benefit (or your wife’s) since you both are past your Full Retirement age
(FRA) of 66.
What is the survivor benefit?
When a spouse dies, the survivor is entitled to receive the greater of his or her own benefit or
100 percent of the spouse’s benefit, including any cost-of-living increases earned along the way.
Again, if the higher-earning spouse delays filing until the FRA or beyond, then the surviving
spouse’s lifetime benefits will be increased substantially.
Maximizing the survivor benefit is an especially important consideration for women. Men not
only tend to be the higher wage earners but also tend to die at younger ages than women. In
many cases, this means that a delayed filing by a man can be a critical way to boost
lifetime retirement security for older women-a time of life when overall income can decline
sharply.
At what age should I apply for a survivor benefit?
You can receive full survivor benefits when you reach your own FRA (typically 66). You can
receive survivor benefits as young as age 60, but the benefit will be reduced. According to the
Center for Retirement Research at Boston College, widow(er)s are guaranteed at least 71.5% of
their deceased spouse’s Full Retirement Age benefit if they claim the survivor benefit before
their Full Retirement Age, and at least 82.5% if they claim the survivor benefit after their Full
Retirement Age.
Can a widower receive his late spouse’s benefit if the spouse’s benefit was tied to
a spouse from an earlier marriage?
No. Your potential entitlement to a widower’s benefit is limited to your spouse’s Social Security
record only. The Social Security rules don’t permit you to file for a benefit based on the work
record of a spouse from an earlier marriage.
How do I apply for a survivor benefit?
If you were already receiving a spousal benefit, report the spouse’s death to the Social Security
Administration, and they will change your payments to survivors benefits. If you were receiving
benefits based on your own work, you might be eligible for a higher survivor benefits, depending
on your spouse’s work record. You would need to
complete an application to switch to survivor’s benefits, and supply an original or certified copy
of the death certificate to the Social Security Administration.
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Can I file for spousal or survivor benefits from a divorced spouse?
In many cases, yes. Social Security’s rules require that you are currently single, and have been
married to your ex at least ten years; at least 62 years old, which is the minimum Social Security
eligibility age; and not already receiving a benefit greater than the divorced spouse’s benefit.
Your divorce must have been final for two years. Eligibility for an ex’s benefit is lost if you
remarry, and you can’t file for benefits on your new spouse’s earning record until you’ve been
married to that person at least one year.
SocialSecuritySolutions.com, which advises clients on strategies for maximizing Social
Security benefits, provides this summary of the divorced spouse rules, plus several
hypothetical examples of how the rules can work in your favor [pdf file].
Filing for a divorced spouse benefit is a completely private affair between you and the
Social Security Administration. The Social Security Administration doesn’t report to
your spouse that you’ve inquired – or filed for benefits – on his or her record.
You’ll need to prove you were once married by visiting your local Social Security office with
paperwork in hand. Be prepared to show a birth certificate; proof of citizenship; W-2 forms or
self-employment tax returns for the last year; your final divorce decree; and your marriage
certificate. The same rules apply for Medicare eligibility.
How does the phase-out of file-and-suspend and restricted claims affect divorced
couples.
Before the phase-out, it was possible for a divorced individual who had reached full retirement
age, and who met the other divorced filing criteria, to file a restricted claim- that is, she could
claim benefit based on an ex-spouse’s record while allowing her own benefit to grow, and claim
that later. Under the terms of the phase-out, the restricted claims will be possible only for
claimers who have turned 62 by the end of calendar year 2015 - and they will need to wait until
they are full retirement age to do it.
Younger divorced spouses will receive their own benefit or a spousal benefit, whichever is
higher, when they claim.
At this writing, there is uncertainty about one other point related to divorced spouses. Before
passage of the new budget law, it was possible to collect a benefit on an ex-spouse’s record
even if that spouse wasn’t receiving benefits. Now, it is not clear how Social Security will handle
such a claim if the other spouse has suspended his benefit. The Social Security Administration
says that its “legislative and policy staffs are diligently working with Congress to analyze the
intent of the legislation and update our instructions.” Stay tuned.
Can members of a same sex couple receive spousal or survivor benefits?
The Supreme Court issued a landmark decision in 2015 that same-sex couples have a
constitutional right to marriage. As a result, more same-sex couples will be recognized as
married for purposes of determining entitlement to Social Security benefits.
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In the meantime, experts advise same-sex couples who think they may be eligible for
benefits to file for Social Security. That step could qualify couples to receive retroactive
benefits if, and when, the state-of-residence issue is resolved.
Gay & Lesbian Advocates & Defenders (GLAD), which played a key role advancing
litigation that led to the Supreme Court decision, has published an in-depth guide to
benefits for same-sex couples that addresses many key questions about Social
Security. The National Committee to Preserve Social Security & Medicare offers this resource
page. Also visit this page on the Social Security Administration website for more information.
Video
View a Morningstar question-and answer session on Social Security filing,
featuring Mark Miller and Mary Beth Franklin of Investment News.
Further Reading and Resources
If you can’t find the answer to your question here, visit your local Social Security office or call
their toll free number for help. You may also be able to find what you’re looking for at the Social
Security website’s FAQ section, or by contacting Ask Mary Jane, a free service provided by the
National Committee to Protect Social Security & Medicare. AARP offers a searchable database
of frequent questions on Social Security. Additionally, please visit the main
RetirementRevised Social Security Resource Guide for links to other valuable
resources on this subject.
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