The Social Security Spousal Benefit Rules Most Couples Get Wrong

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Spousal, survivor and “do-over” rules can add thousands of dollars a year to a couple’s retirement income. Three real client cases show where people (and sometimes Social Security itself) get them wrong.

In more than 40 years of retirement planning, I’ve noticed something about couples and Social Security: Almost everyone thinks they understand spousal benefits. They’ve read an article or two, skimmed the rules on SSA.gov, maybe heard what a brother-in-law did. Very few actually have the full picture, and fewer still know how to use the rules to their advantage.

It doesn’t help that the answers you get can depend on who picks up the phone. Clients have told us they called their local Social Security office, asked a question, then called back later with the same question and got a completely different answer. Frontline staff are there to process claims, not to plan them, and the spousal rules are among the most misunderstood in the system.

That matters because some of these choices are permanent. Once you’re past the narrow window for undoing a claim, you live with the result for the rest of your life, and so does your spouse. Below I’ll walk through the rules that matter most, then show how they played out for three of our clients. (Names are changed; the numbers are real.)

The three rules behind every spousal benefit

A spousal benefit lets a lower-earning husband or wife collect based on the other spouse’s work record. Three rules decide whether you get it and how much.

  1. Your spouse’s benefit has to be meaningfully bigger than yours. The spousal benefit only tops you up if half of your spouse’s full retirement age (FRA) benefit is more than your own FRA benefit. If your own record already pays that much or more, there’s nothing to add. Don’t assume you qualify just because you’re married.
  2. The maximum is 50% of your spouse’s FRA benefit, and you get the full 50% only at your own FRA. This is where most of the confusion starts. Your spouse doesn’t have to be at full retirement age, and doesn’t have to have claimed at full retirement age. You do. Claim the spousal benefit before your own FRA and it’s permanently reduced. For anyone born in 1960 or later, FRA is 67.
  3. Your spouse has to file first. You can’t collect a spousal benefit until the spouse whose record you’re claiming on has started their own benefit. That’s why “the higher earner should always wait until 70” isn’t automatically right for a married couple: every month the higher earner waits is a month the other spouse can’t collect the spousal top-up.

One more point that confuses people: you don’t get two separate benefits. Social Security pays your own benefit first, then adds a “spouse plus” amount that brings your total up to the spousal level. You may even get two award letters, which is exactly what happened to one of the clients below.

Plan for two lifetimes, not one

When we model Social Security for a couple, we aren’t just looking at the years when both of you are alive. We’re planning for as long as either of you is alive, and that means planning for what happens when the first spouse dies.

The rule is simple: the larger check continues and the smaller check stops. It doesn’t matter which spouse dies first. The survivor keeps whichever benefit is higher, and can receive 100% of the deceased spouse’s benefit.

The catch is age. To get that full 100%, the survivor generally has to be at their own full retirement age. Most widows and widowers are, but not all. If a spouse dies while you’re in your early or mid-60s and you claim survivor benefits right away, the check is reduced based on how far you are from FRA.

This is also why the higher earner’s filing age matters so much. Whatever that check ends up being, it’s likely the income floor the surviving spouse will live on for the rest of their life.

The “restricted application” isn’t dead for everyone

Years ago, nearly everyone could file a restricted application: claim one benefit (say, a spousal benefit) while letting their own benefit keep growing. Congress eliminated that option for most people in 2015. Today, when you file for your own retirement benefit or a spousal benefit, you’re generally deemed to be filing for both.

Notice I said most people. The deemed-filing rules don’t apply to survivor benefits. If your spouse or a qualifying ex-spouse has died, you can still claim one benefit and let the other grow. In practice, that usually means taking the survivor benefit now and switching to your own benefit at 70, after it has earned delayed retirement credits of 8% per year past FRA. (It can also work the other way around, depending on the numbers.)

This is the area where I see the most bad advice from Social Security offices. Staff have heard that restricted applications are gone, which is true in most situations, and they apply it to survivors too. It’s worth knowing the rule well enough to push back.

Case 1: Tom and Chelsey, when not waiting until 70 paid off

Tom and Chelsey are a fairly typical couple. Tom was the higher earner and started his benefit a little after his full retirement age of 66 and 8 months. He now receives $4,298.30 a month at 68.

Because Tom had already filed, Chelsey could claim a spousal benefit. She waited until her own full retirement age, 66 and 10 months, so she’d receive the full 50%.

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When Chelsey’s first award letter arrived, she called us, worried. It said $874.10, and we’d told her to expect about $2,000. A few days later a second letter came with the extra $1,140.70, paid to her as Tom’s wife. Her combined $2,014.80 is less than half of Tom’s current check, because the spousal benefit is figured on Tom’s full retirement age amount of roughly $4,030, not on the larger check he gets for claiming later. Delayed retirement credits boost the worker’s benefit, not the spouse’s.

The lesson: “higher earner waits until 70” is often good advice, but not always. For Tom and Chelsey, starting Tom’s benefit a bit after FRA unlocked Chelsey’s spousal benefit and raised their household income right away, which fit their overall plan better than waiting.

Case 2: Joe and Alice, a do-over that multiplied her check

Joe and Alice met at work more than 45 years ago. She was the one doing the hiring; he was the applicant who may have fudged his age a little. Alice is four years older than Joe and spent only a short time in the workforce. Joe was the primary earner and had built nearly $1 million in his IRA and 401(k).

When they came to us, Joe was 61 and ready to retire. Alice had already claimed her own Social Security at 65 and was getting about $350 a month. They assumed Social Security wouldn’t amount to much and were mainly asking how to live off the IRA.

Two details changed everything. First, Alice had filed less than a year earlier, which meant she could still use Social Security’s one-time do-over: withdraw her application within 12 months of filing, repay what she’d received, and be treated as if she’d never claimed. Second, Joe’s benefit at his full retirement age would be $2,850.

Here’s what we did:

  1. Alice withdrew her application and repaid her benefits.
  2. We waited until Joe turned 62. By then Alice had reached her own full retirement age of 66 and 10 months.
  3. Joe filed at 62 for a reduced $2,000 a month.
  4. Alice refiled. Her own benefit, no longer reduced for filing early, was now $420. Because Joe had filed and she was at FRA, she also got the full spousal top-up.
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Alice’s total of $1,425 is about 71% of Joe’s $2,000 check. That isn’t a mistake. Her spousal benefit is 50% of Joe’s full retirement age amount, $2,850, even though Joe took a reduced benefit at 62. Joe claiming early shrinks his own check; it doesn’t shrink hers.

Going from roughly $350 a month to $3,425 a month gave this couple a solid income floor, which made the job of turning their IRA into lifetime income far easier. Joe’s early claim does carry a trade-off: if he dies first, Alice’s survivor benefit will be based on his reduced check. That’s exactly the kind of decision that has to be weighed inside a full plan, not in isolation.

Case 3: Myrtle, told she had nothing coming

Myrtle had been divorced for several years when her ex-husband died. They’d been married well over 10 years, and she hadn’t remarried before 60, so she qualified for survivor benefits on his record as a surviving divorced spouse.

When she was getting ready to retire at 65, she went to Social Security and asked what she was eligible for. She was told: just your own check, nothing from your former spouse. Her own benefit and the survivor benefit were each about $1,500 a month.

That didn’t sound right to me. It took some convincing; she understandably trusted the agency over a financial planner. In the end I showed her the relevant language in Social Security’s own Program Operations Manual System, and she agreed to try.

She filed a restricted application for the survivor benefit only. It was reduced because she hadn’t reached full retirement age, but it gave her income from 65 on. Meanwhile, her own benefit was left alone to earn delayed retirement credits. She turns 70 within the next couple of months and will switch to her own, now much larger, check: in effect, a raise for life.

If she’d followed the advice she was given, she would have claimed her own benefit at 65, locked in a reduction for being early, and missed five years of survivor checks.

Two cautions. This strategy only makes sense when your own benefit at 70 will be higher than the survivor benefit. And it applies after the death of a current spouse just as it does for an ex-spouse; Myrtle’s divorce just happened to be her situation.

Before either of you files

All three of these couples came out ahead because their Social Security decision was made as part of a full retirement income plan, not on its own. A few things you can do now:

  1. Get both statements. Log in at SSA.gov and write down each spouse’s benefit at 62, at full retirement age and at 70.
  2. Run the spousal math. Compare the lower earner’s own FRA benefit with 50% of the higher earner’s FRA benefit. If the 50% figure is bigger, a spousal top-up is on the table, and the higher earner’s filing date becomes a joint decision.
  3. Check your do-over window. If either of you filed within the past 12 months, ask whether withdrawing and refiling later would pay off. You only get one withdrawal, and you must repay what you received.
  4. If you’re widowed or a surviving ex-spouse, ask about filing for just one benefit. If you’re told restricted applications no longer exist, ask specifically about survivor benefits.
  5. Plan for the survivor. Whichever check is larger is the one that continues. Decide on the higher earner’s filing age with that in mind.

Social Security is often the foundation of a couple’s retirement income, and it’s one of the few financial decisions you usually can’t reverse. Don’t settle it with a rule of thumb, a friend’s story or a single phone call. Get the numbers for your household, and get them from someone who works with these rules every day.

Hans Scheil, CFP®, CLU®, ChFC®, CASL®, CLTC®, is the founder and CEO of Cardinal Advisors in Durham, N.C., and co-host of the “Finishing Well” podcast with Tom Griffith and Drew Sumallo. Cardinal works with clients in all 50 states and D.C. over Zoom, with offices in Durham and Charlotte. Call 919-535-8261 or visit CardinalGuide.com.

Client names have been changed. This article is for educational purposes and isn’t individual financial advice; Social Security rules depend on your specific circumstances.

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The Social Security Spousal Benefit Rules Most Couples Get Wrong

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Understanding the Upcoming 2026 Income Tax Increase: What You Need to Know

A Brief History of the Tax Cuts and Jobs Act (TCJA)

In today’s Cardinal lesson, we’re discussing the significant changes coming to income tax rates in 2026. This isn’t a proposal but a law already set in motion. The Tax Cuts and Jobs Act (TCJA), passed in 2017 and effective from January 1, 2018, brought about substantial reductions in income taxes. However, these reductions were only funded for eight years, meaning they will expire at the end of 2025.

What Changes to Expect in 2026

As of January 1, 2026, the tax rates will revert to their 2017 levels, adjusted for inflation. Key changes include:

  • The 12% bracket will increase to 15%.
  • The 22% bracket will rise to 25%.
  • The top rate of 37% will revert to 39.6%.

Not Just a Proposal

It’s crucial to understand that this change is already the law. Many people mistakenly believe that the tax rate increases are still under discussion. However, unless Congress enacts new legislation, these higher rates will take effect as scheduled.

Implications for Your Financial Planning

Impact on IRAs and 401(k)s

With the current lower tax rates, now is the time to consider strategies like Roth conversions. By converting funds from a traditional IRA to a Roth IRA now, you can potentially save a significant amount in taxes over the long term.

Why Planning Ahead is Crucial

For individuals with substantial retirement savings, understanding these changes is vital for effective tax planning. The window to take advantage of the current lower tax rates is closing, and planning ahead can make a significant difference.

Case Studies and Planning Opportunities

Hans Scheil and Tom Griffith discuss specific case studies and planning strategies in our latest video. These examples illustrate how different scenarios can be managed effectively:

  • Case Study 1: A married couple with an adjusted gross income of $150,000 in 2024 can convert part of their IRA to a Roth IRA, taking advantage of the lower current tax rates.
  • Case Study 2: High-net-worth individuals with large IRAs can save substantial amounts in taxes by planning conversions over the next two years.

Estate Tax Considerations

The TCJA also doubled the estate tax exemption, which will revert in 2026. This change can significantly impact high-net-worth individuals, making estate planning more crucial than ever.

Action Steps to Take Now

  • Review Your Current Tax Situation: Analyze how the upcoming changes will affect your finances.
  • Consider Roth Conversions: Take advantage of the lower tax rates before they expire.
  • Plan for Estate Taxes: Assess your estate plans in light of the changing exemptions.

Conclusion

The changes coming in 2026 are significant, but with proper planning and informed decision-making, you can navigate these changes effectively. Watch our video for more detailed insights and personalized advice.

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