General, Online Services, Retirement

What You Need to Know About the New Laws for Claiming Retirement Benefits

March 14, 2016 • By

Reading Time: 2 Minutes

Last 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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Comments

  1. Gloria L.

    husband turned 66 this year, married for 39 years, wife who never work is 65, husband said that if wife collected social security, his social security benefit will be reduced.

  2. Sue M.

    My ex husband is on my health insurance per our divorce settlement dated march 3, 2011. Now that he is retired at age 66, do I have to continue to cover him on my health insurance?
    Thanks for any advice.

    Sue

    • R.F.

      Hi Sue! We cannot provide any advice on this matter.

  3. Marlene A.

    get info.

  4. Marlene A.

    i want to know why my spousal dual entitlement retirement social security benefit amount was not added to my retirement social security amount. how do

  5. John A.

    My date of 23 May 1928. Am a widow. I retired from the US
    Army in 1969. Is there any Benefits, by the new law that may help me?
    Thank you very much.

  6. Carlene R.

    I am currently married to my husband for 27 years & my husband’s social security is higger than mine I will be 66 in February I currently draw a real small social security check am I allowed to draw a percentage of his social security he is 71 years old

    • R.F.

      Hi Carlene! Sometimes, a person could be entitled to more than one benefit at the same time and may receive a combination of benefits equaling a higher amount. For example, a person may be entitled as a retired worker on his/her own record and also as a spouse on another record. However, this individual’s benefit amount can never exceed the highest of either benefit amount to which they are entitled to.
      Keep in mind that when a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. The reduction factors are permanently applied to all of the benefits the person may qualify for.
      Please visit our Retirement Planner: Benefits For You As A Spouse for more information.
      To see if you qualify for a higher benefit than what you are currently receiving, call our toll free number at 1-800-772-1213, Monday through Friday between 7 a.m. and 7 p.m. and ask a representative to assist you, thanks.

  7. Lavon

    I married at an early age. 16 and proceeded to have four children. and then when they were school age I went to college. I was hoping to collect widow benefits from my spouse. and hold off on mine until I was 70.

    • Lavon

      But. He broke the law when he married me. Like most things. That men do after not seeing a former wife for 7 years. He had figured she had filed for divorce but in fact she did not. It was not until our son was three. That we saw her again. And she had started a whole new life with someone else. She had my spouses son. and three daughters with her new partner. So my marriage never happened in the state of California. or Nevada where we were married. My parents had to sign papers so that it was legal. in one hour the judge anuled it. I have suffered the re procushions of that just recently. When I was denied. 13 years years together. four children. And he moved back in for two years after he became ill. I was the main wage earner then. He claimed ssi. I had four minor grand kids then. Two which were ours and I had adopted. There is no law to protect women like me. who ‘do not break any law themselves. Worried for my daughter who spent 20 years and my grand daughter who spent 7 years. With their mates one in California and one in Oregon

  8. Tony

    On February 25 .1952 I was born I mean I like to know if I retire do I have my S. security income and the pension at same time,I will have one work credit to claim in begging of February ,because I was short for one credit was 39 only but now in total will be 40 credit soon I prepare taxes. Do I am qualified for the retirement including the pension?Also 2009 I could no longer work because of illness, my wife worked in our restaurant and filled in for both the taxes for year of 2009-2010 2011 .and 2012 .at 2013 we are divorce and I don’t remember if she claim for the 2013 both of us,.. Do I have some credit for my self from that taxes which she claim both of us???

  9. Sandra G.

    Why did I lose 2/3 of mine and my deceased husband’s social security. I was told it was because I worked for the county. But he was construction/factory worker all his life. He passed away in March of 2007 the same year I turned 62 and applied for my Social Security.

  10. Elgin A.

    My wife pass 2006 can i get her social security, i am 62 and i receive my social security.

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