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No. Either of you must retire before she can apply for spousal benefits. For more information, click on the link below:
Kindly note that the new law will not take away your benefits or any benefits that you are entitled to. The new law essentially deals with two strategies some retirees were using to maximize their benefits namely: file and suspend and restricted spousal application.
File and suspend deals with when both husband and wife have reached their full retirement age. One would file and suspend his benefits so that the other would apply for spousal benefits only. Then the other spouse would apply for benefits when he reaches age 70. This would maximize their benefits. Under the new law, this loophole has been closed. So, when a spouse files and suspends, all benefits would be suspended preventing his spouse from applying under his earnings.
The other one is restricted spousal application where one spouse can elect just to apply for spousal benefits only and then apply for her own benefits later. This would no longer be allowed for any one that has not turned age 62 by the end of December 2015.
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