Have I Lost the Right to Collect Spousal Social Security Benefits Before My Own?

Yes, unless you turned 62 before Dec. 31, 2015

Reviewed by Marguerita Cheng
Fact checked by Vikki Velasquez

If you didn’t reach age 62 by Dec. 31, 2015, you cannot claim spousal Social Security benefits and later switch to claiming your own benefit.

A federal law passed in 2015 eliminated that strategy, which some couples once used to maximize their Social Security benefits.

Key Takeaways

• A federal law passed in 2015 eliminated two strategies couples formerly used to maximize their Social Security benefits.
• The strategies were known as restricted application and file and suspend.
• Spouses that turned 62 before Dec. 31, 2015, could claim spousal benefits and later switch to collecting benefits based on their own work record.
• However, spouses born after Jan. 1, 1954, can no longer do so.
• File and suspend allowed a spouse to file for benefits but delay collecting them, yet make the other spouse eligible for spousal benefits.

What the 2015 Law Changed

The Bipartisan Budget Act of 2015 eliminated two strategies previously allowed by the Social Security Administration that couples could use to boost their total benefits:

Restricted Application

The first strategy that the 2015 law eliminated was known as “restricted application.”

If your spouse had already applied for Social Security benefits and both of you had reached full (or normal) retirement age, you could file a restricted application just for spousal Social Security benefits.

That allowed you to collect spousal benefits right away but wait until as late as age 70 to apply for benefits based on your own work record.

The longer you waited to collect, the larger your monthly benefits would be. At age 70, benefits maxed out and there was no further incentive to delay.

Under the 2015 law, spouses born after Jan. 1, 1954, are no longer eligible to file a restricted application.

File and Suspend

The law also ended a strategy known as “file and suspend,” in which one partner in a married couple who had reached full retirement age, but not age 70, could apply for Social Security benefits but wait to collect them.

Why would anyone do that? The reason was that the main beneficiary had to apply for benefits before their spouse could claim a spousal benefit.

But if the main beneficiary didn’t want to collect their benefits until some later date, they could apply for—and immediately suspend—the receipt of those benefits.

The other spouse could then file a restricted application that allowed them to collect an amount equal to half the main beneficiary’s benefit.

Using this strategy, both spouses could let their benefits grow until they reached age 70 and get some money in the meantime from the spousal benefit.

It didn’t matter which spouse filed and suspended, or which spouse filed the restricted application, as long as they were both between full retirement age and age 70.

Example

To illustrate how that worked, consider Chris and Pat. Both have reached their full retirement age, and Pat’s benefit at full retirement age, were they to collect it, would be $2,000 a month.

Under the pre-2015 system, Pat could apply for and immediately suspend their benefits until a later date. If they waited until age 70, for example, their benefit would grow to about $2,700 a month.

Meanwhile, Chris could file a restricted application for their spousal benefit. They would receive an amount equal to half of their spouse’s benefit, in this case, $1,000 a month. Their own benefit would also continue to grow until they started collecting it in the future.

But, as mentioned, this strategy is no longer allowed.

Important

When spouses apply for Social Security benefits today, they’ll receive an amount based on their own work record (if any) plus any difference they’d be entitled to from a spousal benefit.

How Spousal Benefits Work Now

The new law did not do away with spousal benefits entirely. Even spouses who have never worked or contributed to Social Security are still eligible to collect benefits based on their spouse’s (or, in some cases, ex-spouse’s) work record.

To do so, the main beneficiary must be receiving retirement or disability benefits, and the spouse applying for spousal benefits must be at least age 62.

Ex-Spouses

The rules for ex-spouses are a bit different. In their case, if the main beneficiary qualifies for retirement benefits but has not yet applied for them, the ex-spouse still may be eligible for spousal benefits as long as they’ve been divorced for at least two continuous years and meet certain other requirements.

Spouses may begin collecting a permanently reduced benefit between age 62 and their full retirement age; the amount will be based on their own work record (if any) and their spouse’s.

If their spousal benefit is higher than their own benefit, they will receive their benefit plus an amount equal to the difference between the two amounts.

If they wait to collect until full retirement age, they will receive a spousal benefit of up to one-half of their spouse’s full retirement benefit. In the case of spousal benefits, unlike regular retirement benefits, there is no incentive to delay past full retirement age.

Why Did the Bipartisan Budget Act of 2015 Eliminate the Spousal Strategies Used Up Till Then?

While the restricted application and file and suspend strategies were perfectly legal, by 2014 they were used to such an extent that they were being seen as loopholes that could cost the government billions of dollars. That’s why the 2015 act eliminated them.

Can a Spouse Still Apply for Spousal Social Security Benefits?

Yes, spouses and ex-spouses who are age 62 and older may apply for spousal benefits. Spouses younger that age 62 may apply if they care for the child of the couple who is less than 16 years old or who has a qualifying disability.

Can I Still Apply for and Suspend My Social Security Benefits?

Yes, if you have reached your full retirement age, you can apply for your benefit and voluntarily suspend it so that the benefit increases. However, benefits to your spouse will also be suspended. There’s an exception for an ex-spouse. They can receive the spousal benefit even if you choose to suspend your own.

The Bottom Line

The Bipartisan Budget Act of 2015 made some changes to the laws governing Social Security spousal benefits to close up what were deemed loopholes being exploited by too many couples.

So, spouses who were born after Jan. 1, 1954 cannot claim spousal benefits and then at some later date—even as late as age 70—switch and start collecting their own retirement benefit.