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lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 28081
Experience:  Taxes, Immigration, Labor Relations
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I recall hearing a radio program stating that should a

Customer Question

I recall hearing a radio program stating that should a spouse who is a couple of years older retire before the main income earner does, Then the older spouse can get a portion of the others benefits. Once I heard this, it has stuck in my mind. Am I incorrect?
Submitted: 4 months ago.
Category: Social Security
Expert:  lev-tax replied 4 months ago.

That WAS correct.... before the law was changed - and teh new law went in effect starting May 1, 2016 eliminating this option...

Expert:  lev-tax replied 4 months ago.

.The change in the law mainly affects married couples who want to use the file-and-suspend strategy and maximize there social security benefits .

Here is the article which explains possible benefits and recent changes in the Social Security regulations

Under the current law when you reach the FRA (full retirement age) - you may file a restricted application.

The restricted application allows you to delay your social security benefits and keep them grow till age 70 and you become eligible to claim a spousal benefit based on YOUR spouse s earnings record.

The law which we are discussing is The Bipartisan Budget Act of 2015 on 11/02/2015 it Became Public Law No: 114-74Here is the document

However that specific provision will be in effect starting May 1st of 2016.

See SEC. 831. CLOSURE OF UNINTENDED LOOPHOLES. on page 26 in this document..

So you may verify on your own.

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