What You Need to Know About the New Laws for Claiming Retirement Benefits
Reading Time: 2 MinutesLast Updated: August 19, 2021
Have you heard that some of Social Security’s rules about claiming benefits are changing? Well, it’s true. The Bipartisan Budget Act that passed last November closed two complex loopholes that were used primarily by married couples. We want you to know why this happened, how it might affect you, and what you should do next.
But first, don’t forget that one of the best ways to increase your Social Security retirement benefit is to delay claiming it between ages 62 and 70. Each month you delay results in a higher monthly benefit for the rest of your life. The new law doesn’t change this.
The new law closes loopholes that allowed some married couples to receive higher benefits than intended. Only a small fraction of retirees used these loopholes. Closing them helps restore fairness and strengthens Social Security’s long-term financing.
So what’s changing with the new rules?
- First, if you are eligible for benefits both as a retiree and as a spouse (or divorced spouse), you must start both benefits at the same time. This “deemed filing” used to apply only before the full retirement age, which is currently 66. Now it applies at any age up to 70, if you turned 62 after January 1, 2016.
- Second, if you take your retirement benefit and then ask (on or after April 30, 2016) to suspend it to earn delayed retirement credits, your spouse or dependents generally won’t be able to receive benefits on your Social Security record during the suspension. You also won’t be able to receive spouse benefits on anyone else’s record during that time.
For more information about these changes in the law, please visit Recent Social Security Claiming Changes and Retirement Planner.
Deciding when to start your Social Security benefits is a complex and personal decision. You may contact Social Security at 1-800-772-1213 (TTY 1-800-325-0778), or visit your local field office, to speak with a representative about your retirement options. In particular, if you are or will be full retirement age (66) or older before April 30, and you think you want to suspend your benefits, contact us as soon as possible before April 30. But remember, if you want to let your retirement benefit grow, you can simply delay taking it, up to age 70.
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About the Author
Virginia P. Reno, Deputy Commissioner, Retirement and Disability Policy
Virginia P. Reno, Deputy Commissioner for Retirement and Disability Policy, Social Security Administration
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Elena
I am will be 66 in September 9 2016 and want to postpone applying for my benefits and apply for my ex husband’s. We been married for 24 years and divorced in 1999. I never remarried.
I called Social Security office and they told me that I cannot apply for his because his half (he is alive) is smaller than what I can get from my social security.
I read online that when I turn 66 I can get half of his and postpone mine and switch to mine when I am ready…So since my Social security is more, I cannot delay it and apply for 1/2 his per Social Security adm?
R.F.
Hi Elena. If and when you file for Social Security benefits you qualify for benefits on your own record, we will pay that amount first. If the benefit on your ex-spouse’s record is higher, you’ll get an additional amount on your spouse’s record so that the combination of benefits equals that higher amount. The option to restrict an application extends only to individuals who have attained their full retirement age (currently 66). Visit our Retirement Planner: If You Are Divorced for more information, or call our toll free telephone number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. if you have additional questions. Thanks.
Amy
I am very confused on how this works. My aunt is 67 and has been trying to get on Medicare for several years. She was married for 21 years and never worked herself. She divorced and then married a man 20 years younger than herself. She had another child and never worked outside the home. She has no health insurance because medicare keeps denying her. The tell her she did not work 10 years, she owns her home so if she did get medicare they could take her home. She has to pay a penalty on taxes ever year due to no insurance. What can she do?
R.F.
Hi Amy. Generally, to qualify for Medicare, an individual will need 40 credits, or at least 10 years of work where Social Security taxes were deducted from their income. Anyone aged 65 or older who does not have 40 credits and therefore not insured, will have to pay premiums for both Medicare Part A & B. Individuals can also qualify for Medicare on their spouse’s record if the spouse is insured, and age 62 or older. For specific questions about her case, your aunt can call 1-800-772-1213, M-F between 7 a.m. and 7 p.m. and speak with one of our representatives.
verna
i’m a 62 yrs. old woman, i’m drawing social security disability monies, will I lose my monies if I married, a younger man, that’s working closer to his job retirement.
K. F.
My husband is 72 and I just turned 62 on 5/28/16. Would I be able to take my spousal benefit from age 62-70 and then at age 70 take my full retirement benefit?
Ofelia E.
As far as documents, what are the requirements to file for SS benefits? My dad has his SS benefits sitting in file but couldnt claim them because he refused to be legalized yet has had a valid SS# which he worked with since the 1960’s. Can he just bring his ID and SS number to apply for these benefits? He’s currently 81 and needs this money to buy his medicines and pay for Doctors visits. Thank You for your reply ?
Kim G.
My dad is 75 and not once did social security ask him if he served in the military. He is just finding out that he should have gotten credit for his time as active military. Is it too late for him to go back and have social security recalculate what he should have gotten had he had the credit given to him to begin with??
Lance A.
I’ve been divorced for about 6 years. I will turn 62 in early July. My ex wife will turn 62 in approximately two and a half years. Can I take a reduced benefit based on her earnings when she becomes SS eligible until I reach FRA at age 66, then take a full benefit based on my earnings? I think I know the answer to this, but nothing I read makes it explicitly clear what the answer is. In fact, I was told by an SSA rep. a couple weeks ago that the new rules DID NOT apply to divorced spouses. Which brings up another issue. If an applicant makes a decision based on what turns out to be inaccurate information from a Social Security representative, can that decision be rectified? Is there an appeal process? I know for a fact that at least on one occasion I was given misinformation from the SSA.
Vinny
The more I read the more I get confused. I want to receive my SS benefit when I turn 70. My wife has her own SS benefit which is lower than mine. Do I understand it correctly that she can file at age 66 for her own benefit and I can file for spousal benefits to get half of her money.
I know I can do the above but what most articles I read do not address clearly is what happens when I turn 70. Will I be able to switch to my benefit at age 70? Will my wife be able to switch to her spousal benefit and get the full spousal benefit?
In other words, we want to use my wife’s SS to supplement our income until I retire at age 70 and then end up with me getting the full amount of my age 70 benefit and my wife getting half of my age 66, full retirement age, benefit?
One last question. If my wife files her own benefits at age 62, does that lock her into only getting 25% spousal benefits when she switches over? If I understand it correctly, my wife can file for her own benefits at age 66 to get the full amount. I can file for spousal benefits without filing for mine (or do I file and suspend) and when I reach 70 we both get as much as we would have had we not used my wife’s own benefits to delay mine?
Barbara J.
Hello, I have been taking my social security since age 62, rather than the widow’s benefit at age 60. I am now almost 66 and can switch to my late husband’s full amount. I know I can’t switch back and forth, but I am wondering this: if I decided to switch to his but then get a full time job (I’m looking) and decide to stop taking his or my social security and hanging on till age 70, is this possible? I would like to get the 32% more I would be getting at age 70. If I don’t receive the first payment or if I do but pay it back, can I do this?
Judith
I was age 62 in 2015 so the changes to the new law do not affect me. I also am divorced, was married for 29 years. How do I know if I can qualify for ex-spouse benefit at FRA (for me, at age 66) and file and suspend my own benefit, if I have no idea how the ex-spouse benefit is derived and how my income compares? Ex-spouse took reduced SS benefit at age 62 when we were still married. Would my ex-spouse amount get figured on his reduced, or his FRA benefit in 2008? Or adjusted with COLA’s? Thanks for your help with this.
R.F.
Hi Judith. Your benefit as a divorced spouse is equal to one-half of your ex-spouse’s full retirement amount if you start receiving benefits at your full retirement age. Hope this helps. Thanks.