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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 36738
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I am turning 63 and have sufficient work credits to retire

Customer Question

I am turning 63 and have sufficient work credits to retire early, but my wife is turning 66 and has 36 credits. Do I have to file for early retirement and suspend benefits in order for her to receive spousal payments?
Also I'm self employed as a consultant and could pay her as an employee in order for her to get the additional credits she needs.. but I think those payments would be less than her filing for the spousal benefit.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

It is not possible for you to file and suspend until you reach age 66. And based on new law which Obama just signed into law last week, file and suspend will be eliminated as of May 1, 2016.

Your wife will still be able to apply for a spouse benefit though as soon as you start your own benefit.

Paying her as a consultant, withholding taxes and doing it right would allow you to ensure that she gets the last 4 credits she needs---and it can be done in the next month if you want.

Social security no longer gives credits based on quarters but based on income earned during any time of the calendar year. The amount of earnings required for a quarter of coverage (QC) in 2015 is $1,220. So if your wife can earn income and pay taxes on $4,880 or more in 2015, then she will have earned the quarter necessary for her to qualify for her own retirement benefit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

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