What is the loophole for spousal benefits?

Asked by: Ewell Toy  |  Last update: April 1, 2025
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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.

What is the Social Security spousal benefit loophole for 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. But unless you were born before Jan.

When I claim my $4000 Social Security, will my wife automatically get a spousal benefit?

The Social Security Administration (SSA) will pay out whichever of those benefits would give them the bigger monthly payment. However, a person can claim their own benefits before their spouse claims theirs, and then apply for a spousal benefit later on.

What is the Social Security spousal support loophole?

What you may not realize is that your spouse may also be able to receive Social Security benefits. In fact, they don't even have to have reached retirement age to qualify for these benefits. They may be eligible, through this loophole, if they are serving as a caregiver at home for your child with disabilities.

What is the new Social Security rule for spousal benefits?

The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.

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

40 related questions found

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.

When can a wife collect half of her husband's Social Security?

A married spouse without an earnings record (or whose record would result in a lower Social Security payment) can collect on his or her spouse's earnings record when his or her spouse turns 62. Collecting Social Security at 62 has some advantages.

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.

How to maximize spousal Social Security benefits?

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

However, your maximum spouse's benefit remains 50% of their full retirement age benefit, not their higher amount including delayed retirement credits. (Your benefit as a surviving spouse would be based on the higher amount.)

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.

What is the 5 year rule for Social Security?

If you become disabled before your full retirement age, you might qualify for Social Security disability benefits. You must have worked and paid Social Security taxes in five of the last 10 years.

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.

Does my wife get Social Security if she never worked?

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.

Can a wife draw her husband's Social Security while he is alive?

Yes, you can collect Social Security's on a spouse's earnings record.

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.

How much does a widow get if her husband dies?

Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.

Who are the never beneficiaries of Social Security?

Ninety-five percent of never-beneficiaries are individuals whose earnings histories are insufficient to qualify for benefits. Late-arriving immigrants and infrequent workers comprise the vast majority of these insufficient earners.

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?

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.

What are the rules for spousal benefits?

For spouses to receive the benefit, they must be at least age 62 or care for a child under age 16 (or one receiving Social Security disability benefits). In addition, spouses cannot claim the spousal benefit until the worker files for their benefit.

What is the $943 Social Security payment?

Generally, the maximum Federal SSI benefit amount changes yearly. SSI benefits increased in 2024 because there was an increase in the Consumer Price Index from the third quarter of 2022 to the third quarter of 2023. Effective January 1, 2024 the Federal benefit rate is $943 for an individual and $1,415 for a couple.

What is the secret of the Social Security loophole?

Every year you delay, your monthly retirement benefit increases (until age 70). One Social Security loophole allowed married individuals to begin receiving a spousal benefit at full retirement age, while letting their own retirement benefit grow. This was done by filing what is called a restricted application.

What are three ways you could lose your pension?

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.