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
Comments
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Rose M.
I am lookinging into retirement this year. I will be ge 66 in Aug of 2018. my last day of work is May 31, 2018. I will be receiving income from other sources and I need to know that aside from wages, net earnings from self employment, interest, dividends and other taxable income. I would like to know what is “other taxable income?” as stated on https://www.ssa.gov/thirdparty/atp.html
Thank you for your response
Bobby H.
Do I have to be married for ten years before she can draw on my social security?
R.F.
Thank you for your question, Bobby. Generally, you must be married for one year before you can get spouse’s benefits. Also, your new wife’s benefit as a spouse can be equal to one-half of your full retirement amount ONLY if she starts receiving those benefits at her full retirement age.
We hope this information helps!
Bobby H.
Do Ihave to be married for ten years before she can draw on my social security.
Bobby G.
If I get married at 67 years old can my new wife draw 1/2 my social security when she turns 62?
Jeannie D.
If I’m 64 and wanting to retire. Can I draw on my husband’s social security after 10 years of marriage.
Martha W.
If a husbands S.S. is more than wife’s is she allowed to draw off his instead of hers?
Paula K.
I am trying to find out how long a couple has to be married for the wife to draw husband’s SS after his Death.
Thomas G.
I want to claim my SS benefit at age 62, I will be 62 on June 15 2018. Do I need to wait until I am 62 to apply for this benefit.
R.F.
Congratulations, on your retirement, Thomas! Our system is set up to take applications three months in advance. When you are ready, you can complete the online application for your Social Security retirement benefits in as little as 15 minutes. Also, you can create a My Social Security account to review your earnings record and get an estimate of your future benefits.
Remember you must be 62 the full month to receive your retirement benefits. Benefits are paid the month after they are due. So, for instance, if you want your benefits to begin with the month of July, you will receive your first benefit payment in August.
Deborah J.
How do I apply for my former spouse’s benefits, as I am eligible and will reach full retirement age of 66 as of October 2018
R.F.
Hi Deborah, please visit our web page “If You’re Divorced” for full eligibility information and specific instructions on how to apply for benefits. Thanks!
Adriana m.
Hi! My husband has a L1 visa and me and y kids a L2, when we arrived to Texas , last year in the ss office the person that gave my husbands and my ss number told us that we can not process the kids number, now the acounter is asking for their number for my husband tax refund. Instead of the ss we can ask for a itin number, is this a process we can make with you?