The spousal benefit can be a pretty confusing part of your Social Security benefits. For example, if you are a primary earner, but your low income earning spouse (who happens to be older than you) wishes to collect their spousal benefits based on your income they may not be able to.

How Spousal Benefits Work

Generally speaking there is going to be a higher income spouse and a lower income spouse. The partner that earns the lower income is allowed to collect additional social security benefits off of what their spouse made in order to earn more in the way of social security benefits overall. This is called the spousal benefits.

File and Suspend

In order for the lower income earning spouse to collect a spousal benefit, the higher income spouse must also file for benefits. If the higher income partner is still working and is not yet of retirement age, they will have to file for benefits and then suspend them. This will allow the lower income spouse to file for retirement benefits while the other partner is still working or collecting.

Start, Stop, Start

Another option is to have the higher income recipient (who is younger) begin to collect their benefits early. This allows the lower income spouse to apply (and get) their spousal benefit.  Then, when the lower income spouse reaches age 70, they can apply for maximum benefit and the other partner can then suspend their benefits until age 70.

For legal assistance with Social Security or retirement benefits, contact Stano Law group today!