A rule, known as File and Suspend, ended this year. Sadly, many articles and even the employees at the SSA themselves have given out incorrect information about this change.
Spousal Social Security benefits did not change. Only the ability to file and later suspend changed. We knew it would end in 2024, because the law changed in 2015 and slowly phased in.
Somewhere, this started a nationwide confusion about spousal benefits, which remains unchanged. To qualify to draw up to 50 percent of the amount of your spouse’s Social Security, you must be married at least one year, both of you must be age 62, your spouse must be drawing Social Security, and your own Social Security is less than half of yours spouse’s amount.
Couples that have similar earnings over their lifetime will each draw their own Social Security. Spousal benefits are meant to protect stay-at-home moms who didn’t pay into Social Security. She could draw up to a 50 percent benefit and not reduce her spouse’s own benefits at all.
Since the SSA has over 1,000 employees, serves 70 million retirees, and many employees are newly trained, it is common to get incorrect information. You have been warned! You must research and advocate for yourself before you start dealing with the SSA. Too many people have come back from their appointment upset because the SSA told them information contrary to what I’d written about or shared on my @Medicaremama social media videos.
You must find your rules on ssa.gov and take it to show the local employees who can enroll you. I could do a blooper roll of all the weirdly wrong info they’ve given out to clients this year. It won’t be funny to you to waste your time on two or more trips down to the SSA.
Divorced spouses who have not remarried are able to draw spousal Social Security as long as the marriage lasted 10 years. Even if you had a brief second marriage, once you are again single, you still are able to qualify on that first marriage. You still must be at least age 62, as must your ex-spouse, but in the case of divorce, your ex-spouse does not have to be drawing Social Security. This presents a vindictive former spouse from blocking you from drawing spousal benefits!
While you can apply for these benefits online, you will need to send in originals or certified copies of your marriage license and divorce decree. I typically recommend you take them in person to avoid them losing your documents and dragging out the process.
You can apply for all Social Security benefits up to four months prior to eligibility. If you are 62 or older, not remarried, and only working part time (about $22,000 gross income in 2024) and your former spouse it going to turn age 62 next year, you can file four months prior to his or her birthday.
We all have access to the internet, which prior generations didn’t. Many people have gone without spousal or survivor benefits because of erroneous information given out by inexperienced employees of the SSA. Please do your research, have your page citations or printed copies to prove you know your rights, along with your required documents, and apply for your benefits with confidence!
Sylvia Gordon is co-founder of The Medicare Family, headquartered in Noblesville, where she educates thousands on Medicare and Social Security in all 50 states. You can learn more at TheMedicareFamily.com.