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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2983
Experience:  associate attorney
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I will be 62 this year in June , My husband is now 66 and has

Customer Question

I will be 62 this year in June , My husband is now 66 and has not claimed social security yet. Can I apply and then get 50% of his social security by filing and suspending his social security until he is 70? He is the higher wage earner
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Yes that can happen, your husband needs to file and suspend before the upcoming deadline and I would say by April29. The spousal benefit is 50% at full retirement age so if you take it at age 62, you will get a reduced amount which is 32.5%. Also you are forced to elect to take your normal retirement benefit as well at the same time, so you will get the higher of the two benefits. These benefits do not stack. Let me explain the process, a spouse can only take the spousal benefit if the other spouse has elected to take their benefit. Currently the law is changing and a "suspend and file" cannot be elected starting on may 1, 2016. In this circumstance at full retirement age (66) one could file and suspend their benefits and continue earning credits until age 70 and their spouse could elect to take the spousal benefit. The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit. However, if a spouse is caring for a qualifying child, the spousal benefit is not reduced. Also the "restricted benefit" is being eliminated. If you turned age 62 be the end of December 31, 2015, you would be grandfathered in and at full retirement age you will still be able to restrict your benefit. This means that if you or your spouse would like to elect to take only the spousal benefit as opposed to your normal retirement benefit, you can restrict your election to ONLY the spousal benefit. This would allow you to collect the 50% spousal benefit while still gaining credits to your normal retirement benefit from ages 66-70 (the credit increases your benefit approximately 8% per year). After the law changes, at full retirement age, you would have to take the higher of the spousal benefit and your retirement benefit. You can no longer choose just the spousal and let your normal retirement benefit grow while still take the spousal benefit. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Customer: replied 1 year ago.
If I do that and get 32.5 % would I get an increase when he starts social security at age 70 at which time I would be 65
Expert:  Christopher B, Esq. replied 1 year ago.
No, when you elect to take your benefit, it becomes permanent. Your spousal benefit would be 32.5% of his for the rest of your life and your own retirement benefit would be reduced by 30% for your life. This is why you really need to think if you need the money and when you should retire. At age 66 you would get the full 50% for your life (also understand any credits he earns from 66-70 did not factor into the spousal benefit equation, you do not get paid based on those increases even if you elect after he turns 70).