What is the Social Security loophole?

Asked by: Effie Torphy  |  Last update: October 6, 2023
Score: 4.5/5 (8 votes)

What's the loophole? It's the rule that allows 66-year-old retirees to collect spousal benefits on a husband's or wife's Social Security record while letting their own benefit continue to grow until age 70, at which point they get a 32 percent bonus added to their monthly retirement checks.

Can you collect 1/2 of spouse's Social Security and then your full amount?

Your full spouse's benefit could be up to one-half the amount your spouse is entitled to receive at their full retirement age. If you choose to begin receiving spouse's benefits before you reach full retirement age, your benefit amount will be permanently reduced.

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

Only if your spouse is not yet receiving retirement benefits. In this case, you can claim your own Social Security beginning at 62 and make the switch to spousal benefits when your husband or wife files.

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

You can receive up to 50% of your spouse's Social Security benefit. You can apply for benefits if you have been married for at least one year. If you have been divorced for at least two years, you can apply if the marriage lasted 10 or more years. Starting benefits early may lead to a reduction in payments.

Can I collect half of my husband's Social Security at 62?

A spouse can choose to retire as early as age 62, but doing so may result in a benefit as little as 32.5 percent of the worker's primary insurance amount. A spousal benefit is reduced 25/36 of one percent for each month before normal retirement age, up to 36 months.

Social Security loophole

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Can I draw my husband's Social Security if he is still alive?

A surviving spouse can collect 100 percent of the late spouse's benefit if the survivor has reached full retirement age, but the amount will be lower if the deceased spouse claimed benefits before he or she reached full retirement age.

Can I collect my ex husband's Social Security if he is remarried?

If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death. Also, if you're entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse's work.

What is the best Social Security strategy for married couples?

3 Social Security Strategies for Married Couples Retiring Early
  1. Have the higher earner claim Social Security early. ...
  2. Have the lower earner claim Social Security early. ...
  3. Delay Social Security jointly and live on savings or other income sources.

Do married couples get 2 Social Security checks?

Not when it comes to each spouse's own benefit. Both can receive retirement payments based on their respective earnings records and the age when they claimed benefits. One payment does not offset or affect the other.

Can a married couple collect two Social Security checks?

Each spouse can claim their own retirement benefit based solely on their individual earnings history. You can both collect your full amounts at the same time. However, your spouse's earnings could affect the overall amount you get from Social Security, if you receive spousal benefits.

Which wife gets the Social Security?

Generally, the same payment rules apply to divorced wives and widows as to current wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but they can apply for higher widow's rates when the ex dies.

At what age is Social Security no longer taxed?

However once you are at full retirement age (between 65 and 67 years old, depending on your year of birth) your Social Security payments can no longer be withheld if, when combined with your other forms of income, they exceed the maximum threshold.

Can I collect spousal benefits and wait until I am 67 to collect my own Social Security?

You can only collect spousal benefits and wait until 70 to claim your retirement benefit if both of the following are true: You were born before Jan. 2, 1954. Your spouse is collecting his or her own Social Security retirement benefit.

How much Social Security will I get if I make $25000 a year?

So, if you have a part-time job that pays $25,000 a year — $5,440 over the limit — Social Security will deduct $2,720 in benefits. Suppose you will reach full retirement age in 2022.

Can a person who has never worked collect Social Security?

The only people who can legally collect benefits without paying into Social Security are family members of workers who have done so. Nonworking spouses, ex-spouses, offspring or parents may be eligible for spousal, survivor or children's benefits based on the qualifying worker's earnings record.

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

Key Takeaways. The maximum spousal benefit is 50% of the other spouse's full benefit. You may be eligible if you're married, formerly married, divorced, or widowed. You can collect spousal benefits as early as age 62, but in most cases, the benefits are reduced permanently if you start collecting early.

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

There's nothing anyone can do to prevent their ex from claiming their Social Security. Even though some divorce decrees specify that one spouse will relinquish their rights to collect the other spouse's benefits, the Social Security Administration says these provisions “are worthless and are never enforced.”

Can ex wife collect Social Security?

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.

Is it better to take Social Security at 62 or 67?

The short answer is yes. Retirees who begin collecting Social Security at 62 instead of at the full retirement age (67 for those born in 1960 or later) can expect their monthly benefits to be 30% lower. So, delaying claiming until 67 will result in a larger monthly check.

Which spouse should collect Social Security first?

The higher earner is the spouse with the larger primary insurance amounts (PIA). When you're deciding who will collect first and who should wait, consider having the lower earner collect first and having the higher earner wait.

Does my wife's income affect my Social Security?

Does my spouse's income affect the earnings limit for my Social Security benefits? No. Even if you file taxes jointly, Social Security does not count both spouses' incomes against one spouse's earnings limit. It's only interested in how much you make from work while receiving benefits.

How can I get more Social Security from $16728?

To acquire the full amount, you need to maximize your working life and begin collecting your check until age 70. Another way to maximize your check is by asking for a raise every two or three years. Moving companies throughout your career is another way to prove your worth, and generate more money.

When a parent dies who gets Social Security?

Within a family, a child can receive up to half of the parent's full retirement or disability benefit. If a child receives Survivors benefits, he or she can get up to 75 percent of the deceased parent's basic Social Security benefit.

How much Social Security will I get if I make $60000 a year?

That adds up to $2,096.48 as a monthly benefit if you retire at full retirement age. Put another way, Social Security will replace about 42% of your past $60,000 salary. That's a lot better than the roughly 26% figure for those making $120,000 per year.

How can I avoid paying taxes on Social Security?

How to minimize taxes on your Social Security
  1. Move income-generating assets into an IRA. ...
  2. Reduce business income. ...
  3. Minimize withdrawals from your retirement plans. ...
  4. Donate your required minimum distribution. ...
  5. Make sure you're taking your maximum capital loss.