While many retirees know that waiting until age 70 can maximize their own retirement check, applying that same logic to Spousal Benefits is a costly mistake. If you are eligible for a spousal claim, waiting too long could mean losing three years of benefits for no gain.
- Why Age 70 doesn’t work A worker’s personal retirement benefit increases by roughly 8% per year for every year they delay filing past their Full Retirement Age (FRA)> However spousal benefits stop increasing once you hit your own FRA. If your FRA is 67 and you wait until 70 to claim a spousal benefit your monthly heck will be the exact same as it would be at 67. So instead of increasing the monthly benefit you miss out on 36 months of payments.
- The 50% Rule A spousal benefit is capped at 50% of the worker’s Primary Insurance Amount (their benefit at full retirement age). Even if the worker waits until 70 to get a bigger check for themselves, the spouse’s portion is calculated based on the worker’s FRA amount.
- Worker has to file unless… Generally you cannot collect a spousal benefit until the worker has filed for their own retirement or disability benefits. However there is a major exception for divorced spouses.
- The Divorced Spouse exception If you are divorced you can claim on an ex-spouse’s record even if they haven’t filed for Social Security yet. To qualify four things must be true: A. Length of Marriage: Married at least 10 years B. Current status: Currently unmarried C. Age requirement: Your ex-spouse is at least 62 years old. D. 2-Year Rule. If your ex hasn’t filed yet, the divorce must be at least 2 years old.
- No impact on the Ex-Spouse A. It has zero impact on the worker’s benefit. B. It does not affect the benefits of the worker’s current spouse. C. Social Security does not even notify an ex-spouse that you have filed on their record. If you were born in 1959 your FRA is 66 and 10 months. If you were born in 1960 or later your FRA is 67. If you are filing for spousal benefits only it never pays to wait later than your FRA.
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If anyone can explain eligibility for the spousal benefit, I’d love to hear it.
We’ve remained married almost 43 years. Renee taught in the public schools 31 years before retiring in 2013. I’m still working at 69, having claimed social security 2 years ago at FRA. When Renee asked about claiming a spousal benefit, she was told not to bother, as she didn’t qualify. My assumption was her receiving a public pension was a disqualifier. Is this correct or is there another explanation?
Rules have changed. In 2024 the GPO was eliminated so now spouses with public pensions are NOT penalized. She should definitely file for retroactive benefits as well as spousal benefits.
The SSA has a update page titled Social Security Fairness Act: Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) update
The update states –
If you were already receiving benefits that were affected by WEP or GPO, the last month WEP or GPO applied was December 2023. Any payment adjustments due would begin for benefits payable starting in January 2024 (paid in February 2024). To receive increased payments for those months, you had to have been entitled to benefits that were either fully or partially reduced by WEP or GPO for those months.
If you were not receiving benefits that were affected by WEP or GPO because you did not previously apply for those benefits, then you will need to contact us to file an application for benefits. The Social Security Fairness Act did not change the provisions of the Social Security Act that govern the retroactivity of benefit applications. Retroactivity for some retirement and survivor’s benefits is generally limited to six months before the month in which the benefit application is filed, although some claims based on disability may be entitled to 12 months of retroactive benefits.
Those rules remain unchanged. Since the Social Security Fairness Act was signed, we have consistently encouraged people who had never applied or were not sure if they applied to consider applying for benefits because the date of your application might affect when your benefits begin.
I read the above SSA comments to apply retroactivity to retirement and survivor’s benefits and thus may not apply to her spousal benefits the later of after 2023 or when you claimed your benefits 2 years ago. That being said I would think it would be prudent to file her claim ASAP, before the end of March 2026, to start the clock on any retroactive payments as it is unclear to me what the position the SSA may take.
Good post. One thing additional though. It is my understanding that while delaying to age 70 does not increase the spousal benefit, it does increase the survivor benefit. Thus if the goal is to maximize survivor income delaying may have value.
Actually no. Because spouse waited to file at FRA their survivor benefit jumps to the higher benefit of the deceased spouse. I.e. not even a benefit if trying to maximize survivor benefits.
I’m confused. It’s not true that if a person delays to 70, the survivor benefit is not based on the spouses age 70 benefit?
Is that because the spouse started their own benefit sooner than 70?
If worker benefit at 70 is $5000 and spousal benefit filing at age 67 is $2000 then the survival single benefit is $5000. Im assuming worker delays to age 70 and spouse delays to age 67.
That’s what I thought. The delay increases the survivor benefit even if the spousal benefits won’t increase beyond workers FRA benefit. Right? I hope.
Yes. So no reason for spouse to delay past FRA as receive maximum survivor benefit if worker delayed to 70.
The Spousal benefit rules were part of Spouse’s and my claiming for SS. Thanks, Jim, for reiterating them here, I know your post will help someone else. Chris
Thanks James,
A good summary of the rules as the rules currently exist.
With the projected depletion on the social security trust fund in the next six or seven years it will serve those who are nearing the time when they decide to claim their social security benefit to assure themself that there are no actual or proposed changes to the social security laws that will adversely impact the existing rules.
Examples of such changes such as the proposal by The Committee for a Responsible Federal Budget published March 24, 2026 titled A Six Figure Limit for Social Security may upend the best decision in the future.