What is the loophole for Social Security spousal benefits?

Asked by: Milford Leuschke  |  Last update: July 8, 2025
Score: 4.1/5 (6 votes)

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.

How will the Social Security spousal rule change in 2024?

A Social Security spousal rule that was around for decades ended this year for the last eligible retirees — those who turned 70 on Jan. 1, 2024. The rule allowed recipients to switch between their benefits and their spouses' to receive the maximum amount.

At what age can a wife take half of her husband's Social Security?

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.

Can I take my Social Security at 62 and then switch to spousal benefit?

If your spouse is not receiving any retirement benefits yet, then you could technically take your regular Social Security benefit as early as age 62. When your spouse files for their benefit later you could switch to spousal benefits.

What percentage of a husband's Social Security does a wife get?

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.

What Is The Social Security Spousal Benefits Loophole? - CountyOffice.org

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How much does a wife get of her husband's Social Security if he dies?

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.

How do I get the $16728 Social Security bonus?

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.

Can two wives collect Social Security from one husband?

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.

When a husband dies, does the wife get his Social Security disability?

If you've reached your full retirement age, you can receive 100% of your spouse's disability benefits. If you're between 50 and 59 and you also have a disability, you can receive 71.5% percent of your spouse's benefits.

What are the three ways you can lose your Social Security?

Indeed, here are three ways you can lose at least part of your Social Security benefit.
  • No. 1: Keep working while taking benefits early. ...
  • No. 2: Be a substantially lower-earning spouse. ...
  • No. 3: Be alive in 2034. ...
  • Social Security still provides an important foundation for retirement.

Does my wife get Social Security if she never worked?

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.

What is the 5 year rule for Social Security?

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).

Do I get my ex-husband's Social Security if he dies?

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

When can a wife draw off her husband's Social Security?

If you are receiving retirement or disability benefits, your spouse may be eligible for spouse benefits if they are: At least age 62. Any age and caring for a child who is under age 16 or who has a disability that began before age 22.

What is the new Social Security law for 2024?

On December 20, 2024, the Senate voted to pass the bill 76-20. This bipartisan legislation would eliminate the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). Together, these provisions negatively impact or eliminate Social Security benefits for millions of retired public servants.

Can I stop my ex-wife from getting my Social Security?

This is good news when former spouses are not on good terms. Your ex cannot “block” you from drawing your spousal benefit. In fact, he probably won't even know if you are drawing off him unless he calls SSA to ask.

What not to do when your spouse dies?

Top 10 Things Not to Do When Someone Dies
  1. 1 – DO NOT tell their bank. ...
  2. 2 – DO NOT wait to call Social Security. ...
  3. 3 – DO NOT wait to call their Pension. ...
  4. 4 – DO NOT tell the utility companies. ...
  5. 5 – DO NOT give away or promise any items to loved ones. ...
  6. 6 – DO NOT sell any of their personal assets. ...
  7. 7 – DO NOT drive their vehicles.

Can I collect my deceased husband's Social Security and my own?

If you qualify for your own retirement and spouse's benefits, we will always pay your own benefits first. If your benefit amount as a spouse is higher than your own retirement benefit, you will get a combination of the two benefits that equals the higher amount.

What is a widow entitled to when her husband dies?

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.

How much of her husband's Social Security does a widow get?

As a surviving spouse, you're entitled to 100% of the deceased's benefits once you reach full retirement age. The full retirement age can differ based on the type of benefit. See this chart for the survivor's full retirement age.

What is the best Social Security strategy for married couples?

Either spouse can maximize their regular Social Security benefit amount by waiting past their full-retirement age to apply, up to age 70. Benefits generally increase 8% each year filing is delayed.

What benefits will I lose if I get married?

If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.

How to get $3000 a month in Social Security?

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.

Who qualifies for an extra $144 added to their Social Security?

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.

What are the three ways you can lose your Social Security disability?

The termination of benefits in the Social Security disability program is based predominantly on four factors: conversion to the retirement program (that is, attainment of full retirement age), death, medical recovery, and work recovery.