Yes, both spouses can still work while collecting Social Security benefits. However, there are earnings limits that may affect the amount of Social Security benefits received if income exceeds a certain threshold.
When a spouse passes, the SSA pays an eligible surviving spouse a percentage of the deceased's retirement benefits, depending on the deceased's age: If the deceased did not reach full retirement age, the surviving spouse can receive 100% of the retirement benefit.
The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.
In addition, to be eligible for spouse's benefits, you must be one of the following: 62 years of age or older. Any age if you have a child who is younger than 16 in your care or has a disability and is entitled to benefits on your spouse's record.
Spouses and ex-spouses
Payments start at 71.5% of your spouse's benefit and increase the longer you wait to apply. For example, you might get: Over 75% at age 61.
Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.
You may qualify for benefits on your spouse's Social Security earnings record if: You are 62 or older. Or, you are younger but caring for a child under 16 or a child with disabilities who is under 19.
For a spouse who is not entitled to benefits on his or her own earnings record, this reduction factor is applied to the base spousal benefit, which is 50 percent of the worker's primary insurance amount.
If the widow does not wait until age 60 to marry, she cannot claim the widow benefit on her first husband's record. This leaves her ineligible for Social Security benefits for the first 24 months after attaining age 60. Assume that she files for the spouse benefit from her second husband's record at age 62.
Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.
The widow's penalty occurs when a surviving spouse's tax status reverts from married filing jointly to single. If you're a widow or widower, you can file a joint tax return for the year of your spouse's death.
If you are required to file for both, you generally receive the higher benefit amount. A wife with no work record or low benefit entitlement on her own work record is eligible for between one-third and one-half of her spouse's Social Security benefit.
To qualify to get $144 added back to your Social Security check, you can enroll in a Medicare Advantage plan that offers a Part B premium reduction or giveback benefit.
Key takeaways
Social Security can be an important stream of cash flow in retirement, whether you are married or divorced. Spouses and ex-spouses may be entitled to Social Security benefits once they reach the age of 62.
If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.
Social Security Program Rules
The wife of a retired worker is eligible for a spousal benefit of up to 50 percent of her husband's primary insurance amount ( PIA ), if claimed at her full retirement age ( FRA ).
The Social Security 5-year rule refers specifically to disability benefits. It requires that you must have worked five out of the last ten years immediately before your disability onset to qualify for Social Security Disability Insurance (SSDI).
Spousal Benefits for Retired Workers
A spouse who has never worked in paid jobs or has not worked to earn sufficient credits to be eligible for his/her own retired worker benefits can receive a spousal benefit that is 50 percent of the eligible worker's full benefit.
The result is that only one Social Security monthly retirement benefit will be paid to the surviving spouse. That monthly retirement benefit check will be equal to the higher of: (1) The deceased spouse's Social Security monthly retirement benefit; or (2) The surviving spouse's own monthly retirement benefit.
Exactly how much in earnings do you need to get a $3,000 benefit? Well, you just need to have averaged about 70% of the taxable maximum. In our example case, that means that your earnings in 1983 were about $22,000 and increased every year to where they ended at about $100,000 at age 62.
The Bottom Line. A number of situations could put your pension at risk, including underfunding, mismanagement, bankruptcy, and legal exemptions. Laws exist to protect you in such circumstances, but some laws provide better protection than others.