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can i receive spousal benefits and still work

by Marietta Ward II Published 2 years ago Updated 2 years ago
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You can collect benefits on a spouse’s work record regardless of whether you also worked. If you are eligible for both your own retirement benefit and a spousal benefit, Social Security will pay you the higher of the two amounts. The chief criteria to qualify for survivor benefits are:

You can get Social Security retirement or survivors benefits and work at the same time. But, if you're younger than full retirement age, and earn more than certain amounts, your benefits will be reduced. The amount that your benefits are reduced, however, isn't truly lost.

Full Answer

Can I get spouse’s benefits if I don’t work?

If you have not worked or do not have enough Social Security credits to qualify for your own Social Security benefits, you may be able to receive spouse’s benefits. To qualify for spouse’s benefits, you must be one of these: At least 62 years of age.

Will working decrease my Spousal survivor benefit?

Will working decrease my spousal survivor benefit? Working before retirement age may lower your SSDI-based widow's benefits. Can you work and receive a spouse's survivors benefits based on your deceased spouse's SSDI disability benefits? The simple answer to this question is: It depends.

Do I qualify for spousal benefits if I am still married?

Bottom line: If you are still married, your spouse must file on their own first to make you eligible for a spousal benefit.

Can a spouse of an entitled Worker receive Social Security benefits?

A recent Social Security report found that 2.3 million individuals received at least part of their benefit as a spouse of an entitled worker. Some of these spouses had benefits of their own, but were eligible to receive higher benefit because the spousal benefit amount was greater than their own benefit.

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How much can I earn while collecting spousal benefits?

Usually, if you are under full retirement age when you start getting your Social Security payments, $1 in benefits will be deducted for each $2 you earn above the annual limit. For 2020 that limit is $18,240. However, there is an important exception to the above rule.

What are the rules for spousal benefits of Social Security?

To qualify for spouse's benefits, you must be one of these: At least 62 years of age. Any age and caring for a child entitled to receive benefits on your spouse's record and who is younger than age 16 or disabled.

Will Working decrease my spousal survivor benefit?

No, the effect that working has on benefits is only on the benefits of the person who is actually working. It will have no effect on the benefits received by other family members. Learn more about survivors benefits for spouses and survivors benefits for divorced spouses, including the eligibility requirements.

Can I collect my ex husband's Social Security and still work?

If your ex-spouse continues to work while receiving benefits, the same earnings limits apply to them as apply to you. If your ex-spouse is eligible for benefits this year and is also working, you can use our retirement earnings test calculator to see how those earnings would affect those benefit payments.

When can a spouse claim spousal benefits?

You must have been married at least 10 years. You must have been divorced from the spouse for at least two consecutive years. You are unmarried. Your ex-spouse must be entitled to Social Security retirement or disability benefits.

Can I take my Social Security at 62 and then switch to spousal benefit?

Only if your spouse is not yet receiving retirement benefits. In this case, you can claim your own Social Security beginning at 62 and make the switch to spousal benefits when your husband or wife files.

What is the difference between spousal benefits and survivor benefits?

Spousal benefits are based on a living spouse or ex-spouse's work history. Survivor benefits are based on a deceased spouse or ex-spouse's work history. The maximum spousal benefit is 50% of the worker's full retirement age (FRA) benefit.

How long does a widow receive survivor benefits?

for lifeWidows and widowers Generally, spouses and ex-spouses become eligible for survivor benefits at age 60 — 50 if they are disabled — provided they do not remarry before that age. These benefits are payable for life unless the spouse begins collecting a retirement benefit that is greater than the survivor benefit.

Can I collect spousal benefits and wait until I am 70 to collect my own Social Security?

You can only collect spousal benefits and wait until 70 to claim your retirement benefit if both of the following are true: You were born before Jan. 2, 1954. Your spouse is collecting his or her own Social Security retirement benefit.

Can I collect my ex husband's Social Security then switch to mine?

Can I collect Social Security as a divorced spouse and wait to claim my own retirement benefit? In most circumstances, no. You can only file what Social Security calls a “restricted application” to claim ex-spousal benefits alone and postpone claiming your retirement benefits if: You were born before Jan.

Can I collect my ex husband's Social Security at age 60?

The earliest a widow or widower can start receiving Social Security survivors benefits based on age will remain at age 60. Widows or widowers benefits based on age can start any time between age 60 and full retirement age as a survivor.

Can I collect my own Social Security and my ex husband's?

If you have since remarried, you can't collect benefits on your former spouse's record unless your later marriage ended by annulment, divorce, or death. Also, if you're entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse's work.

What Are Social Security Spousal Benefits?

Social Security spousal benefits are retirement benefits paid by the Social Security Administration to the spouse of a primary beneficiary. When Social Security started, many women did not work outside the home.

Who Qualifies For Social Security Spousal Benefits?

There are a few eligibility criteria that must be met to qualify for spousal benefits. Here are the basics, and then we will dive into a few exceptions to the basic rules. First, your spouse must already have filed for his or her own benefits. You cannot apply for spousal benefits until your spouse has already applied for their own benefits.

When Can A Spouse Claim Social Security Spousal Benefits?

A spouse can claim Social Security spousal benefits as early as age 62, as long as the other spouse has already applied for benefits. You cannot claim benefits until your spouse has claimed benefits using their own record. This rule applies to both a current spouse and a divorced spouse.

How Social Security Spousal Benefits Are Calculated

The calculation for spousal benefits is fairly straightforward. If you wait until full retirement age, then your benefit will be 50% of the spouse’s benefit amount. However, starting your benefits early will reduce your monthly payment.

Social Security Spousal Benefits For Divorced & Widowed Spouses

When it comes to retirement planning, many divorced and widowed spouses wonder whether they can still receive spousal benefits. The answer depends on a few different facts. Here are the rules you need to know when it comes to divorced or widowed spouses receiving spousal benefits.

Maximizing Spousal Benefits For Divorced & Widowed Spouses

Now that most of the spousal benefit loopholes have been closed, there are not as many strategies for maximizing your spousal benefits. One of the biggest tips for maximizing your benefits now is to wait as long as possible to start your benefits.

The Bottom Line

A spouse can claim spousal benefits at age 62 as long as the primary spouse has already applied for benefits. The age requirement can be waived if the spouse is caring for a child under 16 or a disabled child. An ex-spouse can claim spousal benefits at age 62 as well, as long as the marriage lasted for ten years.

How much is spousal benefit?

Depending on how old you are when you file, the spousal benefit amount will range between 32.5% and 50% of the higher-earning spouse’s full retirement benefit. Check out the chart below to get an idea of how the benefit works and what your payment might be if you can take advantage ...

How long do you have to be married to get spousal benefits?

The Two Exceptions to Know Around the 1 Year Marriage Requirement. Normally, you must be married for at least 12 continuous months to meet the spousal benefit duration-of-marriage requirement. However, there are two exceptions to this rule.

How many people receive Social Security benefits as a spouse?

A recent Social Security report found that 2.3 million individuals received at least part of their benefit as a spouse of an entitled worker. Some of these spouses had benefits of their own, but were eligible to receive higher benefit because the spousal benefit amount was greater than their own benefit. Others never worked outside the home ...

What is Julie's reduction to her own benefit?

This means that Julie’s reduction to her own benefit would be based on her age when she filed for her benefit. However, her reduction to the spousal benefit would be based on her age when Joe filed for his benefit. So, if Julie filed when she was 62, her own benefit would be reduced.

How much of my spouse's Social Security is my full retirement?

Remember, in that case, it’s between 32.5% and 50% of the higher-earning spouse’s full retirement age benefit, depending on your filing age. However, it can seem a little more complicated if you have Social Security benefits from your work history.

How much is Joe's retirement?

Joe’s benefit at his full retirement age is $2,000. Assuming they are both full retirement age when they file, Joe will be entitled to a benefit of $2,000 and Julie will be entitled to the greater of her own benefit or half of Joe’s benefit.

Can a spouse receive Social Security?

They have no benefit of their own, but thanks to the Social Security spousal benefit available under their spouse’s work record, they can still receive payments. This particular benefit doesn’t just provide retirement income, either. As an eligible spouse, you could also receive premium-free Medicare benefits.

What happens if you apply for widow's survivor benefits?

If you apply for a widow’s survivor benefit before reaching your full retirement age, the earnings test will be in effect. Its exact impact on your benefits depends on how much wage income you earn and on how big your benefit would be.

When can I file for survivor benefits?

One possibility I’d suggest you consider is to wait until you turn 66 (your full retirement age) to file for the survivor benefit. This will avoid the earnings test and provide you your maximum survivor benefit. If you can afford it, delay filing for your own retirement until age 70.

Does Part A charge Social Security premiums?

Part A charges no premiums for people who qualify for Social Security. While your client does not qualify for premium-free Part A on her own earnings record, she would qualify on her ex-husband’s record if she also qualifies for Social Security divorce benefits.

Can a widow receive child benefits if she passed away?

And because he passed away, a widow’s benefit is the benefit in question, not an ex-spousal benefit. Child benefits are only available to children aged 19 or younger, unless they are disabled. If your daughters are older than this and not disabled, they would not be eligible for benefits.

Do you lose Social Security if you work?

Generally, your benefits are not permanently lost when Social Security decreases the amount you receive due to work. The money that you are not receiving will be added to your benefit when you reach your full retirement age. However, the money you lost due to working will be added back to your monthly benefits gradually over a period of years.

Does working affect disability benefits?

No, the effect that working has on benefits is only on the benefits of the person who is actually working. It will have no effect on the benefits received by other family members. Learn more about survivors benefits for spouses and survivors benefits for divorced spouses, including the eligibility requirements. Talk to a Disability Lawyer.

Can you work on a child who is on survivors benefits?

The work limitation can be applied to any individual who is receiving survivors benefits. While it is less likely that a child who is enrolled in school full time will exceed the annual limit, it is possible that an elderly parent who is not of full retirement age might.

Can I work before retirement to lower my SSDI?

Working before retirement age may lower your SSDI-based widow's benefits. By Lorraine Netter, Contributing Author. Can you work and receive a spouse's survivors benefits based on your deceased spouse's SSDI disability benefits? The simple answer to this question is: It depends.

What happens if my spouse has already filed for spousal support?

If your spouse has already filed, you will automatically receive the larger of your own or the spousal benefit. If your spouse has not filed yet but you have, when your spouse files, the deemed filing rules come into play.

How old do you have to be to claim spousal benefits?

To claim a spousal benefit based on an ex-spouse's earnings record, your ex-spouse has to be 62 and eligible for benefits, but there is no requirement that they must have already filed for benefits. 1 . To claim a spousal benefit based on your current spouse's earnings record, your current spouse must have filed for their own benefits already ...

Is Social Security confusing?

Social Security spousal benefits are confusing, and among the most common thing readers ask about. The most frequent cause for confusion comes from one small difference between benefits for a spouse versus an ex-spouse.

Can a spouse collect spousal benefits if their spouse is suspended?

Due to Social Security laws that were passed in November 2015 anyone who suspends benefits after April 30, 2016, will end up suspending all benefits based on their record — which means a spouse cannot collect spousal benefits during a time when their spouse has " suspended" benefits. 3 .

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