Ask Liz Weston

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spousal benefits

Q&A: Is it only the bread winners who get Social Security?

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Dear Liz: How is it that elderly people who have never contributed to Social Security can collect a check? My wife’s grandmother was getting more than $1,000 a month.

Answer: Spousal and survivor benefits are nearly as old as the Social Security program itself.

Social Security was signed into law in 1935. Initially, benefits were only for retired workers. In 1939, benefits were added for wives, widows and dependent children. Later changes added spousal and survivor benefits for men as well as disability benefits.

Social Security isn’t a retirement fund where workers deposit funds into individual accounts. Instead, it’s a social insurance program designed to provide income to retirees, workers who become disabled and the families of workers who die. Benefits are paid using taxes collected from current workers. Like other insurance, the system is designed to protect people against significant economic risks, such as outliving your savings, losing your ability to earn income or losing a breadwinner.

In other words, your wife’s grandmother may not have paid into the system, but her spouse or ex-spouse did, and that provided her with a small source of income.

Q&A: An ex-husband is delaying his Social Security benefits. Must she wait, too?

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Dear Liz: I read your column about divorced spousal benefits for Social Security. I was divorced as of Jan. 1. My ex-husband will be 65 next year and wants to delay benefits until he’s 67. Must I wait to get spousal benefits until then because of his decision? I also will be 65 next year. We were married 36 years.

Answer: If you were still married, you would have to wait until your husband applied for Social Security before you would be eligible for spousal benefits. Since you’re divorced, you only have to wait until he qualifies to file for retirement benefits to file. (He qualified when he turned 62.)

That doesn’t mean you should rush to file, however. Starting benefits before your own full retirement age means accepting a permanently reduced check. Your benefit also would be subject to the earnings test, which withholds $1 of your benefit for every $2 you earn over a certain limit, which in 2024 is $22,320.

Waiting until full retirement age means both the reduction and the earnings test would disappear. If you were born in 1960, your full retirement age is 67.

Q&A: Clearing up the deal with Social Security survivor benefits

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Dear Liz: I read your column regarding the wife who filed for her Social Security benefits at 62 and received $1,500, while her husband filed at 70 and was receiving $4,600. You noted that after the husband died she could receive his entire $4,600 payment, but wouldn’t the amount she receives as a survivor’s benefit be reduced due to her early filing?

Answer: That’s not true. An early start reduces retirement and spousal benefits. Survivor benefits operate by different rules.

A survivor benefit can be up to 100% of what the deceased spouse received or had earned. If the husband had filed for his own benefit earlier, for example, that would reduce the survivor benefit the wife could receive. Survivor benefits also can be reduced if the survivor starts receiving them before reaching his or her own full retirement age for such benefits.

But the wife’s early start on her own benefit doesn’t affect the survivor benefit she could get if he dies first.

Q&A: How late-in-life divorce could affect Social Security benefits

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Dear Liz: I’m a CPA and getting conflicting answers from the Social Security office about a case I’m working on. Both clients are 70 and they’re considering legal separation or divorce. She took Social Security at 62 and receives about $1,500 a month before deductions. He started Social Security at 70 and receives about $4,600. How would her Social Security change at his death or their divorce, if she doesn’t remarry?

Answer: Based on the amounts involved, both parties are receiving their own retirement benefits and those aren’t affected by divorce, said William Reichenstein, a principal at Social Security Solutions, a claiming strategy site. (If the wife were receiving spousal benefits, those would continue after divorce as long as the marriage lasted at least 10 years and she did not remarry.)

If the husband dies and they haven’t divorced, the wife would be entitled to survivor benefits equal to his full monthly benefit amount ($4,600, plus any future cost of living increases). If they divorce and the marriage lasted at least 10 years, she also would be entitled to his full amount. Remarriage wouldn’t affect her divorced survivor benefit since she’s over 60, Reichenstein said.

Q&A: When should a second earner start taking social security?

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Dear Liz: I am 64 and still working and earning decent pay. My wife is 61 and retired. I have been a high earner for most of my life while she was working and raising our family. I don’t plan to retire anytime soon. Is it a good idea for her to start taking Social Security at 62?

Answer: The vast majority of people are better off delaying their Social Security applications for as long as possible so they can maximize their lifetime benefits. It’s especially important for you to delay, since as the higher earner, your benefit will determine what the survivor gets.

Your wife, however, may be one of the few who is better off starting early. That may be the case if you continue to delay your application, and her eventual spousal benefit is more than what she would receive on her own record.

If both of those things are true, she could start her own reduced retirement benefit at 62, then switch to a spousal benefit of up to half of your check after you apply for your benefits — preferably at age 70, when they max out.

Your wife won’t be able to get a spousal benefit until you apply for your own. On the other hand, she won’t be allowed to switch benefits if you’re already receiving yours when she applies.

Clearly, there are a lot of rules involved, and the best course for you two will depend on the specifics of your situation. You’d be smart to use a Social Security claiming site, such as Maximize My Social Security or Social Security Solutions, to help you determine your best approach.

Q&A: Benefits’ disappearance is no accident

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Dear Liz: You recently indicated that restricted applications for Social Security spousal benefits are no longer available to people born on or after Jan. 2, 1954. Who is responsible for this change, and when was that enacted? Is there any way it can be reversed?

Answer: Congress is unlikely to revive what was widely seen as a loophole that allowed some people to take spousal benefits while their own benefits continued to grow.

Congress changed the rules with the Bipartisan Budget Act of 2015. As is typical with Social Security, the change didn’t affect people who were already at or near typical retirement age. So people who were 62 or older in 2015 are still allowed to file restricted applications when they reach their full retirement age of 66. They can collect spousal benefits while their own benefits accrue delayed retirement credits, as long as the other spouse is receiving his or her own retirement benefit. (Congress also ended “file and suspend,” which would have allowed one spouse to trigger benefits for the other without starting his or her own benefit.)