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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Ladislav J.
I am married over 10 years to Chinese citizen and she never lived with me in USA. Would she be eligible for any benefits after I pass away?
Thanks
Ladislav J.
I am retired living in China and every year SSA sends Form SSA-7162. It is never delivered, sometimes its not even send to me and then my benefits are suspended. That creates lot of unnecessary stress in my old age. I wish that SSA would spend few dollars and send the for trough registered mail, it would save us bot lot of trouble. I depend on my SS income, paying cash for health care and meds, so every time my benefits are suspended, it a big problem for me.
Jim F.
My wife 63 just filed for ss 2-4-19, I’ll be 66 on 2-24-19, can I file a restricted app now or wait till hers is effective?
A.C.
Hi, Jim. If you were born before January 2, 1954, have already reached full retirement age, and your spouse is currently receiving benefits, you can choose to receive only the spouse’s benefit and delay receiving your retirement benefit until a later date. You can contact us to schedule an appointment. For more information, visit our Benefits Planner: Benefits For Your Spouse. We hope this helps.
DEBORAH A.
GRAND CHILDREN LIVING IN OUR HOME FOR 8 YEAR’S. FATHER PAY’S $ 200. A MO. PRETTY FAITHFULLY. MOTHER IS A DRUG USER /DEAD BEAT. SHE IS CLAIMING OUR GRAND KIDS ON TAXES. SHE WORKED MAYBE 3 MONTHS , AN WAS FIRED . SHE HAS NEVER HAD THE BOYS LIVING WITH HER IN 8 YEAR’S , NOR DOES SHE SUPPORT THEM AT ALL, MUCH LESS CONTACT THEM…. CAN SHE CLAIM THEM AS DEPENDENTS ???
A.C.
Hi, Deborah. For any income tax questions, you will need to contact the IRS. Their toll-free number is 1-800-829-1040. We hope this helps.
connie
I am in my second marriage. If I pass away, will my first spouse get half of my social security or my second?
A.C.
Thanks for your question, Connie. Your first husband may be eligible for surviving divorced spouse benefits and your second may be eligible for widower’s benefits. For more information, please visit our Benefits Planner: Survivors-Planning for Your Survivors. We hope this helps.
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In my 17 years of marriage I was awarded 1/2 of 4 1/2 years of marriage of my ex’s retirement but he is drawing disability benefits am I still entitled to this
V.V.
Hi Debbie: Social Security has benefits for divorced spouses.
If you are divorced and unmarried, you may be able to receive benefits on your ex-spouse’s record if your marriage lasted 10 years or longer. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information.
If you are the divorced spouse of a worker who died and you are not married, you could get benefits just the same as a widow or widower. For more information, please visit our Surviving Divorced Spouse web page.
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