What is the loophole for Social Security spousal benefits?

Asked by: Ramona Schaefer  |  Last update: November 30, 2025
Score: 4.3/5 (31 votes)

The first exception, which can be deemed as the Social Security spousal benefits loophole, works where an individual who remarries at 60 or later may still be entitled to Social Security survivors' benefits if the second marriage ends before the death of the first spouse.

At what age can a wife take half of her husband's Social Security?

In addition, to be eligible for spouse's benefits, you must be one of the following: 62 years of age or older. Any age if you have a child who is younger than 16 in your care or has a disability and is entitled to benefits on your spouse's record.

How will the Social Security spousal rule change in 2024?

A Social Security spousal rule that was around for decades ended this year for the last eligible retirees — those who turned 70 on Jan. 1, 2024. The rule allowed recipients to switch between their benefits and their spouses' to receive the maximum amount. But unless you were born before Jan.

Who is not eligible for spousal Social Security benefits?

There is a catch: the spouse collecting benefits must be at least 62 or have a child who is either under the age of 16 or receiving Social Security disability benefits. Additionally, someone cannot receive spousal benefits until their spouse has filed for benefits, regardless of age.

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

If your spouse is not receiving any retirement benefits yet, then you could technically take your regular Social Security benefit as early as age 62. When your spouse files for their benefit later you could switch to spousal benefits.

Social Security: Spousal Benefits 101

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How much does a wife get of her husband's Social Security if he dies?

Surviving spouse, any age, with a child younger than age 16, gets 75% of the worker's benefit amount. Child gets 75% of the worker's benefit amount. There's a limit to the benefits we can pay to you and other family members each month. The limit varies between 150% and 180% of the deceased worker's benefit amount.

How do I get the $16728 Social Security bonus?

Specifically, a rumored $16,728 bonus that had people wondering if it was true or not in 2024? Sadly, there's no real “bonus” that retirees who receive Social Security can collect.

What percentage of a husband's Social Security does a wife get?

The percentage of your spouse's full retirement benefit that you receive could be as little as 32.5% at age 62. It steps up gradually to 50% as you near your full retirement age, which is 65, 66, or 67, depending on your birth year. And don't bother delaying your spousal benefits past your full retirement age.

When my husband dies, do I get his Social Security and mine?

You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement.

Can two ex-wives collect husband's Social Security?

If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.

What are the three ways you can lose your Social Security?

Indeed, here are three ways you can lose at least part of your Social Security benefit.
  • No. 1: Keep working while taking benefits early. ...
  • No. 2: Be a substantially lower-earning spouse. ...
  • No. 3: Be alive in 2034. ...
  • Social Security still provides an important foundation for retirement.

Can my wife get Social Security if she never worked?

A wife with no work record or low benefit entitlement on her own work record is eligible for between one-third and one-half of her spouse's Social Security benefit.

What is the 10 year rule for Social Security?

Although you need at least 10 years of work (40 credits) to qualify for Social Security retirement benefits, we base the amount of your benefit on your highest 35 years of earnings.

Can a second wife get husband's Social Security?

Remarriage at any time makes the widow potentially eligible for spouse benefits on her new husband's work record, so marriage is unlikely to leave a woman ineligible for Social Security. However, spouse benefits may be less generous than widow benefits for two reasons.

What is the highest Social Security payment?

The maximum Social Security benefit at full retirement age is $3,822 per month in 2024. It will be $4,018 a month in 2025. It's $4,873 per month in 2024 if retiring at age 70 and $2,710 if retiring at age 62. A person's Social Security benefit amount depends on earnings, full retirement age and when they take benefits.

Do I get my ex-husband's Social Security if he dies?

you're eligible for some of your ex's Social Security

wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies.

What not to do when your spouse dies?

What Not to Do When Someone Dies: 10 Common Mistakes
  1. Not Obtaining Multiple Copies of the Death Certificate.
  2. 2- Delaying Notification of Death.
  3. 3- Not Knowing About a Preplan for Funeral Expenses.
  4. 4- Not Understanding the Crucial Role a Funeral Director Plays.
  5. 5- Letting Others Pressure You Into Bad Decisions.

How much does a widow get from her husband's Social Security?

Payments start at 71.5% of your spouse's benefit and increase the longer you wait to apply.

Who are the never beneficiaries of Social Security?

Ninety-five percent of never-beneficiaries are individuals whose earnings histories are insufficient to qualify for benefits. Late-arriving immigrants and infrequent workers comprise the vast majority of these insufficient earners.

What is a widow entitled to when her husband dies?

If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount; PLUS. If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.

What benefits will I lose if I get married?

If you get Social Security disability or retirement benefits and you marry, your benefit will stay the same. However, other benefits such as SSI, Survivors, Divorced Spouses, and Child's benefits may be affected.

At what age do you get 100% of your Social Security?

For anyone born 1960 or later, full retirement benefits are payable at age 67.

How to get $3000 a month in Social Security?

Exactly how much in earnings do you need to get a $3,000 benefit? Well, you just need to have averaged about 70% of the taxable maximum. In our example case, that means that your earnings in 1983 were about $22,000 and increased every year to where they ended at about $100,000 at age 62.

At what age is Social Security no longer taxed?

Social Security income can be taxable no matter how old you are. It all depends on whether your total combined income exceeds a certain level set for your filing status. You may have heard that Social Security income is not taxed after age 70; this is false.

What are the three ways you can lose your Social Security disability?

The termination of benefits in the Social Security disability program is based predominantly on four factors: conversion to the retirement program (that is, attainment of full retirement age), death, medical recovery, and work recovery.