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Q&A: Spouse gets the larger of two Social Security benefits, not both

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Dear Liz: Your recent column on the divorced couple where the ex-wife can apply for Social Security benefits has me wondering about my own benefits. I’m 60 and my husband is 79. Can I get his Social Security benefits, and if so, when should I apply? I am working and have worked all my adult life. He has an ex and was married to her for 11 years, so she is getting his and he is getting his. Do I qualify for his and also my own?

Answer: To repeat, Social Security is typically “either/or,” not “both.” When you apply for Social Security, your own retirement benefit will be compared with a spousal benefit based on your husband’s earnings record. You’ll get the larger of the two benefits. The spousal benefit can be up to 50% of your husband’s benefit at his full retirement age, not the amount he’s currently getting.

You can apply as early as age 62, but that means accepting a permanently reduced benefit. Also, early benefits will be subject to the earnings test, which withholds $1 for every $2 earned over a certain limit, which in 2025 is $23,400.

You won’t face the earnings test if you apply after reaching your full retirement age, which is 67. If you delay filing, your own benefit will continue to grow. It maxes out at age 70.

Figuring out the best time to apply can be complicated. AARP has a free calculator that may help, or you can use the more sophisticated paid versions at Maximize My Social Security.

Q&A: Waiting to apply for retirement benefit or not

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Dear Liz: I am recently divorced but was married for 20 years. My ex is 12 years older and he waited until 70 to start collecting Social Security benefits. I am 62 and self-employed. My retirement benefit is greater than half of his (but not by much). It is my understanding that after his death I can collect his full benefit, provided I am at least 67 when I apply, even if I start taking my own benefit now at 62. Is that correct?

Answer: Yes, but he could live a long time. Starting your own benefit now means you’ll get much smaller checks for years, perhaps even decades, compared with what you’d get by waiting. Plus, any benefit you take before your full retirement age would be subject to the earnings test, with $1 withheld for every $2 you make over a certain amount ($22,320 in 2024).

You may not have much choice, but if you do, waiting to apply is usually the best option.

The end to file-and-suspend: Sorry about that

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shutterstock_101159917In June, I wrote a column predicting that Congress eventually would do away with “file and suspend” and other Social Security claiming strategies that the Obama Administration had labeled as “aggressive.” I thought it would take years for lawmakers to act. But the end was closer than many of us thought.

The budget deal quickly moving through Congress would eliminate new file-and-suspend applications 180 days after the bill is signed into law, according to the Fiscal Times. That change could shave as much as $50,000 off the lifetime benefits of couples who were planning to use the strategy to maximize their benefits, according to Laurence Kotlikoff, co-author of the book “Get What’s Yours: The Secrets to Maxing Our Your Social Security.”

If you don’t know, file-and-suspend was created in 2000 as a way to encourage people to keep working. Before that time, primary earners had to apply for their own retirement benefits before their spouses could apply for spousal benefits. With file-and-suspend, primary earners could put off actually receiving their Social Security, allowing their checks to grow, while still allowing their partners to get spousal benefits.

Spousal benefits were created with low- or non-earning spouses in mind, but financial advisors soon discovered file-and-suspend was also a good way to maximize benefits for two high-earning spouses. One could collect “free money” in the form of a spousal benefit before switching to his or her own benefit when it maxed out at age 70.

The growing popularity of the strategy pretty much doomed it. Five years ago, the Center for Retirement Research has estimated that file-and-suspend could cost as much as $9.5 billion each year. The more advisors learned about it, and the more people like me wrote about it, the more strain we were putting on an already troubled system.