My husband (age 67) is semi-retired and has been receiving Social Security retirements benefits since 2013. His PIA at that time was $2018. I am 66 (born June 1950), currently employed, and wish to delay retirement benefits until age 70. I have received conflicting information from Social Security staff about spousal benefits. Most recently, have been told that I am not eligible because my FRA benefit of $1488 is higher than 1/2 of his benefit. Others have said I am eligible. Which is it? And if I am eligible, would I be able to apply for spousal benefits retroactive to June? Thank you for your response.

Hi,

Yes, you can and should file a restricted application for spousal benefits only effective retroactively to the month you reached age 66. The limit on retroactivity is 6 months, so you'll want to file your application soon. The fact that your own PIA is higher than 50% of your husband's PIA does not make you ineligible for a spousal benefit unless and until you apply for benefits on your own account.

Since you were born prior to January 2 1954, you were grandfathered under the new law passed by Congress last year (https://www.ssa.gov/planners/retire/deemedfaq.html). Therefore, at full retirement age you have the option of filing for spousal benefits without also being deemed to apply on your own account. When you file your spousal application, just be sure to include a remark such as: 'I wish to restrict this application to spousal benefits only.' or, 'I wish to exclude retirement benefits on my own account from the scope of this application.' If you file online, you will need to enter this remark yourself. If you file by phone or in person, be sure to review your copy of the application to make sure the Social Security representative included the remark.

Best, Jerry