I was born in January 1956. My husband was born in April 1953. We have been married for 30 years. My earnings are slightly higher than his. He wants to file a restricted application and collect the 50% spousal benefit based on my earnings record and hold off collecting on his earnings record until April 2023 (when he is 70). When should he apply for that benefit? Should he use the wording - spousal benefit only on the application? Do I have to collect at the same time he does for him to get the 50% spousal benefit. I would like to collect at 65, in January 2021.

Hi,

The soonest that your husband could file a restricted application for spousal benefits only is effective with the month in which he reaches his full retirement age of 66, although he could start the application process up to 4 months before then. However, you must be drawing your benefits in order for your husband to qualify for spousal benefits. And, if you are still working and you apply for reduced benefits, both your benefits and your husband's spousal benefits could be subject to full or partial withholding due to the Social Security earnings test (https://www.ssa.gov/planners/retire/whileworking2.html).

If you do file for your benefits and your husband files online for spousal benefits only, there is a question on the online applications that asks: 'If you are eligible for both retirement benefits and spouse's benefits, do you want to delay receipt of retirement benefit?'. Your husband would answer that question 'yes' in order to restrict his application to spousal benefits only. He may also want to add a statement in remarks such as: 'I wish to restrict retirement benefits on my own record from the scope of this application.'

If your husband files his application by phone or in person, he would just need to tell the claims representative that he wants to file for spousal benefits only. He should also check his copy of the application to be sure it is properly restricted to spousal benefits only as indicated above.

Before either you or your husband file, though, you may want to seriously consider using the maximization software available on this website in order to compare your options and determine your best filing strategy.

Best, Jerry