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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37854
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Both my wife & I are 65, won't be 66 until July.Both of us

Customer Question

Both my wife & I are 65, won't be 66 until July.Both of us work. Can my wife get 1/2 of my Social Security money now,even if both of us are working & I don't plan to collect SS until I'am 69 or 70 ?
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 a bit complicated, but the answer is no, I'm sorry. Your wife cannot apply for a spouse benefit until you are actually receiving your own retirement benefit from social security.

For all people who will not be age 66 by April 30, 2016, Obama signed a new law last week stripping all of our ability to file and suspend benefits---thereby allowing our spouse to collect a spouse benefit while we allow our own benefit to increase until age 70.

You wife may apply for her own benefit, as may you, at any time now that you are both past age 62---but neither of you may collect a spouse benefit unless the other is already receiving their own retirement benefit.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,


Customer: replied 1 year ago.
I called SS,They just called me back.They said my wife could collect 41% of mine.He also said I could file & suspend my benifits on my 66 birthday,So my account will continue to grow until I am 70. True -Not true???? He also said she could do this when she is 66 but it may be less.
Customer: replied 1 year ago.
Are you there ???
Expert:  LawTalk replied 1 year ago.

I am here. I was assisting another customer. Please stand by while I respond to your followup.


Expert:  LawTalk replied 1 year ago.


Sorry. Not true. I hate it when social security employees are uninformed!

All I can tell you is that the person you spoke with was NOT aware of the new law. I am as it is my business as an attorney.

Unless your 66th birthday is ***** or before April 30, 2106, you may NOT file and suspend. For everybody who turns full retirement age on or after May 1, 2016, file and suspend has been lost by the law signed into effect by Obama last week. Of this is am absolutely positive.

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,