Dear Liz: I am 63 and not nearly ready to collect Social Security. In fact I probably won’t be ready for quite a few years. My husband, who is 64, wants to collect on my Social Security as it is higher than his. Is there a way for him to do this that would not hurt me? I have called the Social Security office five times and have received five different answers. My husband went into the local office and they told him to have me apply for benefits and then after a short time send them a letter rescinding my application. That would allow him to collect on my work record and wouldn’t hurt my eventual benefit. I am not comfortable doing this. What do you suggest?
Answer: At your current age, you must start your own benefits for your husband to get a check based on your work record. The so-called spousal benefit is basically half your retirement benefit, and it will be somewhat reduced because your husband hasn’t achieved “full retirement age” (which is 66 for both of you). When he applies for spousal benefits, the Social Security Administration will compare that benefit with the one based on his own record and give him the larger of the two.
Starting benefits now, however, would lock you into a lower payment for the rest of your life. Your checks could be further reduced based on your earnings, if you continue to work.
If you can wait three years, you have another option called “file and suspend” that would allow your husband to collect a spousal benefit without reducing your eventual checks. Once you reach your full retirement age of 66, you can go to your local office to file for your benefit and then immediately suspend your application. That would allow your husband to collect a spousal benefit while your own uncollected benefit could continue to grow.
Another advantage for your hubby if you wait: He will have achieved his full retirement age when he starts receiving spousal benefits, so he would be allowed to switch to his own benefit later, if it’s larger. If he starts receiving spousal benefits before his full retirement age, he loses the option to switch.
You can learn more about the file-and-suspend strategy on the Social Security site at www.ssa.gov/retire2/yourspouse.htm. You may want to bring a printout of that page with you to the Social Security office. File and suspend is not an obscure strategy, but it doesn’t appear that your local office is quite aware of all the details.
Liz, could you also address my case: My husband died at age 37 with about 20 years of working toward SS. I started my “career” late (at age 38) after that, so my SS benefits are nothing to go nuts about. Am I eligible for his benefits as a spouse? Could I apply for his early (I’m 61 and he would have been 62 this year) benefits and wait to collect my own until I am fully eligible at age 66?
Here’s what the SSA site says: “If a person receives widow’s or widower’s benefits, and will qualify for a retirement benefit that’s more than their survivors benefit, he or she can switch to their own retirement benefit as early as age 62 or as late as age 70. The rules are complicated and vary depending on the situation, so talk to a Social Security representative about the options available.” The number is 1-800-772-1213; have both your own and your late husband’s SSNs handy.
I need to know if a Informal Marriage Certificate, issued by the State, will be recognized by Social Security.
You’ll want to call your local SSA office and ask for sure, but in general Social Security follows state law when it comes to recognizing common law marriages for paying spousal and survivor benefits. http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/296/~/recognizing-common-law-marriage