Ask Larry

Can My Wife File A Restricted Application For Spousal Benefits If We Are Legally Separated?

My wife and I have been married over 40 years and continue to live together. For asset protection reasons, on the advice of our attorney, we are "legally separated.
My wife is turning age 66 (FRA) and I am 71 collecting SS.

Can we file for restricted application for spousal benefits since we are legally separated?

Hi,

Yes, since your wife was born prior to January 2 1954 (https://www.ssa.gov/planners/retire/deemedfaq.html), she can file a restricted application for spousal benefits only at full retirement age (FRA). A legal separation has no bearing on her filing options. And, if you were divorced, she could file a restricted application for divorced spousal benefits rather than spousal benefits.

Best, Jerry

Category: 
Posted: 
Jun 7 2017 - 7:32am
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