What is the Social Security spousal benefits loophole?

Asked by: Ariane Dooley  |  Last update: September 27, 2025
Score: 4.5/5 (56 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.

Is the Social Security spousal rule officially finished in 2024?

This Social Security Spousal Rule Finally Fizzled Out in 2024 — But These 3 Strategies Remain. 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.

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 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.

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

Yes, she can switch to spousal when you retire and it may even happen automatically. But if she starts collecting before her full retirement age (67) her benefits will be reduced and that reduction will also apply to her spousal benefits.

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.

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 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.

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.

Can two wives collect Social Security from one husband if they?

If the spouses divorced, the marriage must have lasted 10 years. 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.

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 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 new rule for Social Security in 2024?

Key Features of the New Rule

Starting September 30, 2024, anyone who has not previously registered with us and who wants to be appointed as a representative must register with us using the Form SSA-1699 before we will recognize a new appointment request.

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 is the Social Security bonus most retirees completely overlook?

The $22,924 Social Security bonus most retirees completely overlook. If you're like most Americans, you're a few years (or more) behind on your retirement savings.

What illness automatically qualifies for disability?

It includes:
  • Musculoskeletal Disorders, such as arthritis, fibromyalgia, and back pain.
  • Special Senses and Speech, such as blindness and hearing loss.
  • Respiratory Disorders, such as cystic fibrosis and respiratory failure.
  • Cardiovascular System, such as hypertension and heart disease.

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.

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.

What is the Social Security 10 year rule?

If you've worked and paid Social Security taxes for 10 years or more, you'll get a monthly benefit based on that work.

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.