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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37639
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 68 and have been collecting social security since 62.

Customer Question

I am 68 and have been collecting social security since 62. IF I marry this year, will my spouse be able to claim half of what I get monthly (while) I get the full amount monthly, beginning one year after the marriage? Will I be penalized in any way? I don't want this to come back and bite me later!
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon Kay,

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

If you marry this year, your spouse will be able to claim a spouse benefit after one full year of marriage.

A spouse benefit is limited to no more 50% of your full retirement age benefit---the benefit you were eligible to collect at age 66. But as you started your benefit at 62, he will get 50% of that amount that you first received, so long as he is at least 66 when he applies for the spouse benefit. You will not be penalized in any way yhough.

Your spouse taking a spouse benefit will in no way effect your benefit that you are already receiving. You will continue to get the same benefit amount even after he files for the spouse 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.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,