Ask Larry

Will My Husband Automatically Receive Excess Spousal Benefits If He Qualifies?

Hello. I purchased the maximization software yesterday and have three questions. First I will be 66 in Oct and my husband is 63 (May) and I was the higher earning spouse. (1) I thought my husband (who receives SSDI) would only be able to receive his own record SS benefits (converted to SS benefits from SSDI benefits at his age 66.) However your software shows him receiving an excess spousal benefit on my record after I file for Social Security benefits at my age 70 and his age 67. Does this happen automatically if he does not suspend his benefits at age 66? I did not know he would be eligible for excess spousal benefits. (2) If I file and suspend at age 66 would he automatically receive the excess spousal benefits when his benefits convert to retirement benefits at his age 66 rather than wait until I file at age 70? Would this affect the amount? (3) My husband's SSDI was reduced by WEP. When (if) he receives an excess spousal benefit on my record will the spousal benefit be reduced by the GPO? Does this mean that he will have two reductions: a reduction for WEP and a reduction for GPO? Thanks so much!

Hi,

I need to start by explaining that I answer questions submitted to this forum, but I don't have access to your personal information that you would have entered into the software. Questions about use of the software and/or your results should be submitted via an online contact form on the help page.

That said, if the software says that your husband will be eligible for an excess spousal benefit on your record when you file, it will not be paid automatically. He would need to file an application for spousal benefits, which he could do at the same time that you file or thereafter. He would not be able to receive the spousal benefits if he suspends his own benefits, however, at least for the months that his own benefits are suspended. Also, it sounds like it might not be advantageous for him to suspend his benefits since the resulting increase in his benefit rate would offset his excess spousal benefits dollar for dollar.

Under the new law passed by Congress in 2015, your husband could not be paid excess spousal benefits from your record for any months that you voluntarily suspend your benefits (https://www.ssa.gov/planners/retire/suspendfaq.html). In other words, you must be drawing your benefits in order for him to potentially receive spousal benefits. And, his spousal rate would be the same whether he starts drawing it at age 66 or any time thereafter.

If the WEP reduction in your husband's disability rate is caused by a pension from a government agency (federal, state, county, local, etc.) then his excess spousal benefits would also likely be subject to GPO. The maximization software is programmed to handle both WEP and GPO calculations, so it should be accounting for the GPO reduction if all of your and your husband's data has been properly entered.

Best, Jerry

Posted: 
Sep 8 2017 - 5:58am
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