I was born in October, 1951. My wife was born in November, 1952. We both turned 62 before January 1, 2016.. Because we both have had well paying careers, her Social Security benefits will be only slightly lower than mine.

I want to start collecting my Social Security benefits when I turn 70 in October, 2021. My wife would like to file for spousal benefits at that time. Will she collect 50% of my FRA benefit or 50% of the delayed benefits I receive at age 70?

When she turns 70 in November, 2022, she would like to file for her own delayed benefits. Will her own benefits continue to increase until age 70 while she is collecting spousal benefits?

Could you provide us with a link to the IRS code section that explains this, as well as telling us which forms to use so that we do not inadvertently lock my wife into a set of unintended reduced benefits? We are very concerned about making an irreversible misstep in the actual filing process.

Hi,

The maximum spousal benefit rate is equal to 50% of the working spouse's primary insurance amount (PIA). A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA). Therefore, the amount that your wife can be paid as a spouse is 50% of your PIA, not 50% of your age 70 rate.

Your wife can file a restricted application for just spousal benefits alone effective with your first month of entitlement to benefits on your own record. That will allow your wife to collect spousal benefits while allowing her own benefit rate to grow until age 70. I should note for other readers that the only reason your wife is allowed to file for spousal benefits without filing for her own benefits simultaneously is because she was born prior to January 2 1954.

You and your wife may want to strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to fully analyze all of your options so that you'll be sure to choose the very best strategy for maximizing your benefits.

I'm not sure what you're looking for as far as an IRS code. The filing strategy to which you're referring is governed by Social Security regulations, not IRS rules. If you're looking for information about the taxation of Social Security benefits, here is a link to that information: https://www.irs.gov/pub/irs-pdf/p915.pdf. The reference from Social Security's operations manual regarding restricting the scope of an application to spousal benefits only can be found on the following Social Security website: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204020.

Social Security no longer uses paper application forms, so form numbers aren't really important to know. If you and your wife are planning to file online you would each use the same application path, which is the application for retirement benefits (https://secure.ssa.gov/iClaim/rib). However, your wife would want to restrict her application to spousal benefits only. There should be a question on the application that asks if you want to defer filing for your own retirement benefits, which your wife would want to answer yes. It would probably also be a good idea for her to enter a statement in the remarks section as described in section D.2 of the above reference from Social Security's operations manual. When she's turning age 70, your wife will need to file a separate application in order to switch to drawing her own benefits.

If you're concerned about making a mistake, you may instead want to apply for benefits by phone or in person. You can make an appointment to apply by calling Social Security.

Best, Jerry