My brother in law is about to claim his SSA benefit at age 70. He said his wife will claim hers as well, but will receive half his benefit rather than her own since it is higher than hers. My question is ... I claimed my benefit at full retirement age and my wife did so at age 62. Since half of my benefit is more than her benefit, can we do a retro claim of half mine for her rather than what she now receives?

Hi. No. Your wife could potentially withdraw the application she filed at age 62, but only if a) she's been drawing benefits for less than 12 months, and b) if she pays back all of the benefits she's already been paid (https://www.ssa.gov/manage-benefits/cancel-your-benefits-application). If your wife is allowed to withdraw her prior claim and if she chooses to do so, she could then file a new application for benefits.

But, unless your wife was born prior to January 2 1954, she wouldn't be allowed to apply just for spousal benefits without being required to apply for her own benefits at the same time. And, even people born prior to January 2 1954 can only apply for spousal benefits without being required to apply for their own benefits at the same time if they claim benefits at their full retirement age (FRA) or later.

Therefore, regardless of when your wife was born, she couldn't have applied for benefits at age 62 and claimed spousal benefits instead of her own benefits. Anyone who applies for either Social Security retirement or spousal benefits prior to their full retirement age (FRA) are deemed to be filing for both benefits. Furthermore, spousal benefits, like retirement benefits, are reduced for age if started prior to the person's FRA. So, if you filed for your benefits at FRA and if your wife applied for benefits at age 62, her benefit rate would have been significantly less than 50% of your benefit rate even if she qualified for spousal benefits.

For example, say Bob & Joy file for Social Security retirement benefits today. Bob is FRA but his wife Joy is 62. Bob's PIA, which is equal to the his FRA benefit rate, is $2000. Joy's PIA is $1000, however, her benefit rate is reduced to $700 because she's starting her benefits at age 62. If Joy applies for spousal benefits, her spousal rate would be calculated by subtracting her PIA from 50% of Bob's PIA, which would result in a spousal rate of $0 (i.e. $2000/2 - $1000). Therefore, even though Joy's reduced benefit rate is less than 50% of her husband's PIA, she isn't eligible for spousal benefits.

The bottom line is that your wife could still apply for spousal benefits, but she'll only qualify for them if 50% of your PIA is more than her own PIA. And, if your wife does qualify for spousal benefits, her own benefit rate and her spousal rate will be reduced for age if she starts drawing them prior to her FRA.

By the way, the highest possible spousal benefit amount that your brother in law's wife could be paid is 50% of his PIA, not 50% of his age 70 rate.

Best, Jerry